Legal, Terms & Conditions and Privacy Policy

Hanypay Ghana Limited ("Hanypay", "Company", "we", "us" or "our") offers an online payment platform that allows Users to make seamless, stress-free payments online for desired goods and services. At Hanypay we are committed to protecting the privacy and security of our consumers' and users' personal data. We are committed to transparency, accountability, and confidentiality of your personal data. This is why our Privacy and Cookie Policy ("Privacy Policy") describes how we collect, use, store, share, and protect Personal Data from Website Visitors, Hanypay Users, and/or Vendors ("Data Subjects") who engage with our services. It applies to our website and all related sites, applications, services and tools (collectively, our "Services").

While our services are primarily designed for businesses and organisations ("Merchants"), we recognise that individual consumers may interact with us through Merchants or website visits. As such, we are committed to responsibly processing personal data for everyone involved. We generally process personal data at the direction of and on behalf of Merchants. When we do, we do so as a service provider or a "Data Processor" to those Merchants, but we do not control and are not responsible for the privacy practices of those Merchants. If you are a Customer of a Hanypay Merchant, you should read that Merchant's Privacy Policy and direct any privacy inquiries to that Merchant.

This Privacy Policy does not apply to services that are not owned or controlled by Hanypay, including third-party websites and the services of Hanypay's Merchants. This Privacy Policy applies to all forms of systems, operations, and processes within the Hanypay environment that involve the processing of Personal Data.

When you opt in to use one of our products, we will use your data for specific purposes, such as providing and improving the service. We may also share your data with sub processors and partners, but only as necessary to offer the service you have opted into. We will handle your personal data in line with the purposes and methods outlined in this Privacy Policy.

1. COLLECTION OF DATA

The Personal Data we collect depends on how you interact with us, the services you use, and the choices you make. We may collect information from different sources and in various ways, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data.

1.1 Personal Data You Provide Directly

We collect Personal Data you provide to us. For example:

1. Contact information. As part of our operations, Hanypay may collect information such as your name, telephone numbers, email address, address etc. to provide you with certain services.
2. Payment information. If you make a purchase or other financial transaction, such as when you checkout with Hanypay on a Merchant's website, we collect credit card numbers, financial account information, and other payment details.
3. Communications. If you contact us directly, for example with an inquiry or a support request, we may receive additional Personal Data about you, including your email address and the content of your communications.

1.2 Automatically Collection of Personal Data

Device Information. We receive information about the device and software you use to access our Services, including Internet Protocol (IP) address, web browser type, operating system version, and device identifiers.

a. Usage Information. To help us understand how you use our Services, including the Demo portion of our website, and to help us improve them, we automatically receive information about your interactions with our Services. This information includes records of your transactions and information about your other activities related to our services, such as date and time of your sessions, the pages you view, links to/from any page, and time spent in a session. Some of the data we gather using cookies and similar technologies as discussed below.

b. Location Information. When you use our Services, we may collect or infer your general location information. For example, your IP address may indicate your general geographic region, which will be matched against our IP whitelist.

1.3 Personal Data from Third Party use

a. Partners. We may retrieve additional Personal Data about you from third parties and other identification/verification services such as your financial institution and payment processor with your prior consent. We may combine that data with other information we have about you.

b. Publicly available sources. We may also gather additional data about you from public sources of information such as open government databases.

c. Inferences. We may infer additional Personal Data based on the Personal Data described above. For example, for website visitors, we may infer your interests based on the web pages you view.

d. When you are asked to provide Personal Data, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.

2. HOW WE USE PERSONAL INFORMATION

We use the Personal Data we collect to:

1. Provide you with the required services in addition to related products and services of interest.
2. Respond to your questions or requests.
3. Improve features, website content and analyse data to develop products and services.
4. Address inappropriate use of our website.
5. Prevent, detect and manage risk against fraud and illegal activities using internal and third-party screening tools.
6. Send you marketing content, newsletters and service updates curated by Hanypay (only with your explicit consent).
7. Verify your identity and the information you provide in line with Hanypay's statutory obligations using internal and third-party tools.
8. Maintain up-to-date records.
9. Resolve disputes that may arise, including investigations by law enforcement or regulatory bodies.
10. Any other purpose that we disclose to you in the course of providing Hanypay services to you.

3. How We Share Personal Data

Hanypay does not sell, trade or rent Personal Data to anyone. Further, we will not share or disclose your Personal Data with or to a third party without your consent except as necessary to provide the Services or as described in this Privacy Policy.

1. Merchants. We may share your contact information with merchants as part of your purchase details for record purposes. We will not share this information with other third parties except as a necessary part of providing our website and services. We do not share your card information with merchants. Please review your merchant's privacy policy to understand the privacy policies guiding the merchant you transact with.
2. Service providers. We share Personal Data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support, to assist in protecting and securing our systems and services, or to perform sanctions screening and identity verification services may need access to Personal Data to provide those functions. The processing by such third parties shall be governed by a written contract with Hanypay to ensure adequate protection and security measures are put in place for the protection of Personal Data in accordance with the terms of this Privacy Policy.
3. Financial services & payment processing. When you provide payment data, for example to make a purchase, we will share payment and transactional data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services.
4. Affiliates. We enable access to Personal Data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access is needed to provide our services and operate our business.
5. Partners. We may share your data with companies that we partner with for industry networking events, mixers, and other learning and development opportunities, but only with your explicit consent, with the option to opt out at any instance.
6. Corporate transactions. We may disclose Personal Data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
7. Legal and law enforcement. We may access, disclose, and preserve Personal Data in accordance with applicable law and when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.
8. Security, safety, and protecting rights. We will disclose Personal Data if we believe it is necessary to:
   1. protect our Users and others, for example to prevent fraud, or to help prevent the loss of life or serious injury of anyone.
   2. operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or
   3. protect the rights or property or ourselves or others, including enforcing our agreements, terms, and policies.

We leverage third-party analytics to analyse personal data collected through our website and apps including, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies section of this statement. This data is aggregated and enables us to perform analytics and track the performance of our website. For example, we use Google Analytics on our website to help us understand how users interact with our website; you can learn how Google collects and uses information at www.google.com/policies/privacy/partners. Finally, we may share de-identified information in accordance with applicable law. Please note that merchants, sellers, and other Users you buy from or contract with have their own respective privacy policies, and although Hanypay's Merchant Terms of Use does not allow the other transacting party to use your information for anything other than as authorised by you, Hanypay is not responsible for their actions, including their data protection practices. If you provide Personal Data to any of those third parties, or allow us to share Personal Data with them, that data is governed by their privacy policies.

4. Cookies

We and our partners use cookies and similar technologies on our website to help collect information and operate the site. We use cookies to remember Users and make your user experience easier; customise our services, content, and advertising; help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and to promote trust and safety on our website. Cookies are small text files placed by a website and stored by your browser on your device. You can find more about the types of cookies we use through the Cookie Banner on our website. Our cookies hold a unique random reference to you so that once you visit the site we can recognise who you are and provide certain content to you. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this may impact your experience using our website.

5. How We Protect your Information

Hanypay has established adequate technical and organisational controls in order to protect the integrity and confidentiality of Personal Data, both in digital and physical format and to prevent Personal Data from being accidentally or deliberately compromised. Hanypay is committed to managing your Personal Data in line with applicable data protection Digital Oceans and best practices. We protect your Personal Data using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure, and alteration, we also use industry recommended security protocols to safeguard your Personal Data. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files, and only granting access to Personal Data to employees who require it to fulfil their job responsibilities. Employees may have access to Personal Data only as is appropriate for the type and scope of the task in question and are contractually forbidden to use Personal Data for their own private or commercial purposes or to disclose them to unauthorised persons, or to make them available in any other way. In compliance with the Payment Card Industry Data Security Standard (PCI DSS Requirements"), we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure your card information is safe and secure in our servers. Additionally, we implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards. Two factor authentication ("2FA") is an additional layer of security we have added to your account. When 2FA is enabled, you will be required to enter a One Time Password (OTP) (which is a verification code we have sent to you for authentication purposes), each time you checkout using Hanypay on a Merchant's website or platform. While we encourage you to enable this feature on every transaction, you may choose to disable the 2FA feature after your initial enrolment by clicking on the toggle button to disable. However, if you choose to disable this feature, you agree that Hanypay shall not be liable for any loss or damages incurred as a result of your action.

6. Personal Data Breach

At Hanypay, we take the security of personal data seriously and have implemented measures to prevent data breaches from occurring. However, in the event of a data breach, we have established procedures for reporting and managing incidents concerning Personal Data or practices leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored, or otherwise processed. You may contact our Data Protection Supervisor (DPS) upon becoming aware of any breach of Personal Data or if your access credentials have been compromised to enable us to take the necessary steps towards ensuring the security of your Personal Data or account. When we become aware of a data breach that affects personal data, we will notify the affected individuals and relevant authorities in accordance with applicable data protection Digital Oceans and regulations. The notification will include the following information:

1. A description of the nature of the data breach, including the categories of personal data involved.
2. The likely consequences of the data breach.
3. The measures taken or proposed to be taken by Hanypay to address the data breach, including any measures to mitigate its possible adverse effects.
4. We will notify affected individuals without undue delay, but no later than 72 hours after becoming aware of the data breach, unless there are exceptional circumstances that prevent us from doing so. We will also keep a record of any data breaches and provide this information to the relevant authorities upon request.
5. We encourage all users and customers to take reasonable steps to protect their personal data, such as using strong passwords, regularly updating their account information, and reporting any suspicious activity to us immediately.
6. Storage Limitation

   We will retain your information for the following periods:

   1. as long as reasonably necessary for the purpose of providing our services to you.
   2. for the duration your account is active (if applicable) and we have your consent;
   3. for the period needed to comply with our legal and statutory obligations; or
   4. as needed to verify your information with a financial institution.

Hanypay is statutorily obliged to retain the data you provide to process transactions, ensure settlements, make refunds, identify fraud and to comply with applicable digital Oceans and regulatory guidelines.

Under the Bank of Ghana's Anti-Money Laundering / Combating the Financing of Terrorism and Proliferation of Weapons of Mass Destruction (AML/CFT & P) Guideline we are mandated to retain transactional records (customer and beneficiary names, addresses, identification number, amount, currency etc.) for at least five years following the completion of the transaction. Hanypay is also required to maintain records of identification data, account files and relevant business correspondence for five years following the termination of an account and/or business relationship. For Know Your Customer (KYC) purposes, the AML/CFT & P Guideline requires Hanypay to retain any records and methods used to verify the identity of individuals for five years after an account is closed and/or business relationships. Under the Electronic Transactions Act, we are required to retain certain information in electronic form for at least six years. We keep our data retention policy under regular review. Upon expiration of the applicable storage limitation periods, we will delete, erase, anonymise or pseudonymise any information we hold about you. This Privacy Policy also applies when we retain your Personal Information after our relationship has come to an end. We may also retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights and may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the Services.

7. Transfer of Data

As part of our service provision, we may rely on third-party servers, resident in foreign jurisdictions, which constitutes the transfer of your Personal Data to computers or servers in foreign countries. An example of this is Hanypay's use of DIGITAL OCEANS as a cloud storage solution. We take steps designed to ensure that the data we collect under this Privacy Policy is processed and protected according to the provisions of this Policy and the Data Protection Act, 2012 (Act 843) (the "Act") wherever the data is located. At Hanypay, we take the security of personal data seriously. When personal data needs to be transferred to a country outside of Ghana, we implement adequate measures to ensure that the data remains secure. We comply with all relevant data protection regulations and guidelines to ensure that personal data is always protected. Specifically, we use contractual terms to ensure that the personal data is adequately protected, or we ensure that the country to which the data is being transferred has adequate data protection digital Oceans in place. Should you wish to transfer personal data to a country deemed to have inadequate data protection digital Oceans, Hanypay will take all necessary steps to ensure that it is transferred under relevant appropriate safeguards, and where relevant, with your informed consent, and you are made aware of the risks entailed with such a transfer. In any instance, Hanypay will ensure Personal Data is transmitted in a safe and secure manner. Details of the protection given when your Personal Data is transferred abroad, and details of the basis of such transfers shall be provided to you upon request.

8. Grounds for Processing of Personal Data

Processing of Personal Information by Hanypay will be lawful if one of the following applies:

1. the Data Subject has given consent to the processing of his/her Personal Information for one or more specific purposes. You can revoke your consent by closing your Hanypay account (where applicable) and/or by emailing us
2. the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract.
3. processing is necessary for compliance with a legal obligation to which Hanypay is subject.
4. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official public mandate vested in Hanypay; and
5. processing is necessary for the legitimate interests pursued by Hanypay or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data.

9. Choices and Rights

At Hanypay we respect the rights of our customers and users, and we provide you with the ability to exercise them under the applicable data protection digital Oceans and regulations. Individuals who have Personal Information held by Hanypay are entitled to reach out to Hanypay to exercise the following rights:

1. Right to request for and access any personal information collected and stored by Hanypay. This right allows you to request a copy of your personal information that is held by Hanypay. To exercise this right, you can submit a request to the Data Protection Officer (DPO) or to our Data Subject Rights Team at hello@hanypay.co
2. Right to be informed regarding the use of your personal information.
3. Right to be informed about appropriate safeguards in place whenever your personal information is transferred abroad.
4. Right to object to automated decision making and processing. You have the right to object to the processing of your personal information and to exercise this right, you can submit a request to the DPO or to our Data Subject Rights Team; right to request rectification and modification of personal information wherever you want us to correct your inaccurate or incomplete personal information, which Hanypay keeps.
5. Right to request the deletion of your personal information.
6. Right to request the movement of your personal information from Hanypay to a third party - this is the right to the portability of data.
7. Right to revoke consent.
8. Right to object to direct marketing and to request that Hanypay ceases processing of your information.
9. Right to institute civil proceedings and seek compensation through the Courts; and
10. Right to submit a complaint to the Data Protection Commission.

10. Changes to This Privacy Policy

We may need to update, modify, or amend our Privacy Policy as our technology evolves and as required by law. If we materially change the ways in which we use or share Personal Data previously collected from you through our Services, we will provide notice or obtain consent regarding such changes as may be required by law. The Privacy Policy will apply from the effective date provided on our website. 12. Contact Hanypay's Data Protection Supervisor (DPS) If you have any questions relating to this Privacy Policy or would like to find out more about exercising your data protection rights, please reach out to our DPS via email at dpo@hanypay.co

For any further queries, our Data Protection Supervisor, may be reached at the following address:

Hanypay Ghana Ltd,
Plot # 3 Behind Home Supermarket
Off Dawhenya Devtraco
Road Community 25 estate Junction 
GPS Address: GN-0544-8908
Email at dpo@hanypay.co

ACCEPTABLE POLICY USAGE

By accessing or using Hanypay, you agree to comply with the terms and conditions of this Acceptable Use Policy.

Restricted Activities: You may not use Hanypay in connection with any product, service, transaction, or activity that:

1. violates any law or government regulation or promotes or facilitates such by third parties.
2. violates any rule or regulation of Visa, MasterCard, Verve, JCB Cards, Maestro Cards, AKL Lumi Cards or any other electronic funds transfer network (each, a "Card Network");
3. is fraudulent, deceptive, unfair, or predatory.
4. causes or threatens reputational damage to us or any Card Network.
5. involves any of the business categories listed in clause 2; or
6. results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

2. CERTAIN BUSINESS CATEGORIES

You may not use Hanypay in connection with any product, service, transaction, or activity that:

• falls within the Import Prohibitions and Restrictions List of the Customs division of the Ghana Revenue Authority,
• relates to the sale and/or purchase of:
  1. banned narcotics, steroids, certain controlled substances, or other products that present a risk to the consumer's safety.
  2. blood, bodily fluids or body parts.
  3. burglary tools.
  4. counterfeit items.
  5. illegal drugs and drugs paraphernalia.
  6. fireworks, destructive devices, and explosives.
  7. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
  8. lottery tickets, sweepstakes entries or slot machines without the required license.
  9. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.
  10. chemicals.
  11. recalled items.
  12. prohibited services.
  13. unlicensed financial services, stocks, or other securities.
  14. stolen property.
  15. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the digital Oceans of any jurisdiction.
  16. sales of currency without BDC license, cryptocurrency operators.
  17. obscene material or pornography.
  18. certain sexually oriented materials or services.
  19. certain firearms, firearm parts or accessories, ammunition, weapons, or knives.
  20. any product or service that is illegal or marketed or sold in such a way as to create liability to Hanypay; or
  21. production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services.

3. ACTIONS BY HANYPAY

If in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Hanypay and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

1. Blocking the settlement or completion of one or more payments.
2. Suspending, restricting, or terminating your access to and use of the Hanypay's Services.
3. Terminating our business relationship with you, including termination without liability to Hanypay of any payment service agreement between you and Hanypay.
4. Taking legal action against you.
5. Contacting and disclosing information related to such violations to
   1. persons who have sold/purchased goods or services from you,
   2. any banks or Card Networks involved with your business or transactions,
   3. law enforcement or regulatory agencies, and
   4. other third parties that may have been impacted by such violations;
   or assessing against you any fees, penalties, assessments, or expenses (including reasonable attorneys' fees) that we may incur because of such violations, which you agree to pay promptly upon notice.

4. UPDATES, MODIFICATIONS & AMENDMENTS

We may need to update, modify, or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy. Your continued use means acceptance and acknowledgement of the changes. We advise that you check this page often, referring to the date of the last modification on the page relates to transactions that:

1. Show the personal information of third parties in violation of applicable law.
2. Support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs.
3. Are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card.
4. Pertain to ammunitions and arms; and
5. Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Hanypay and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

EVENTS POLICY

This Privacy Notice describes how we process (collect, use, share, protect etc.) your personal data when you sign up for our events.

1. The data we collect Name and email address: To facilitate event registration and communication.
2. Additionally, during the event, we may collect other types of data, including.

How we collect your data. How we collect your data. We collect your data through the form you fill when you register for our events.

TERMS OF USE

By using this website https://www.hanypay.co, any of our websites and/or services, you agree to these Terms of Use. The website Privacy Policy, Acceptable Use Policy, Dispute Policy, and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use. By using this website (https://www.hanypay.co), any of our websites and/or services, you agree to these Terms of Use. The website Privacy Policy, Acceptable Use Policy, and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use.

About Us

Hanypay ("we", "us" or "our") is an online payment gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers. We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a buyer or seller will complete a transaction. This Terms of Use is an agreement between you and Hanypay. It details Hanypay's obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services. This Terms of Use is an agreement between you and Hanypay. It details Hanypay's obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

PRIVACY POLICY

Hanypay is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

AGE RESTRICTION

Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.

DISPUTES & REVERSAL

If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us to take action to help prevent financial loss. All claims against us related to payments should be made within 45 (forty-five) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period. If you enter a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement regarding such transaction is as a payment gateway. We may intervene in disputes between users and merchants concerning payments but have no obligation to do so. Your transaction ID and/or transaction details will be required to resolve all disputes.

ACCEPTABLE USE POLICY

You are independently responsible for complying with all applicable digital Oceans related to your use of our website and services. However, by accessing or using Hanypay, you agree to comply with the terms and conditions of our Acceptable Use Policy which you can read on our Acceptable Use Policy page.

DISCLAIMERS

We try to always keep Hanypay available, bug-free and safe, however, you use it at your own risk. Our website and services are provided "as is" without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). without limiting the generality of the foregoing, Hanypay makes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error free. no advice or information, whether oral or written, obtained by you through our website or from Hanypay, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Hanypay parties") shall create any warranty.

LIMITATION OF LIABILITY

In no event will any of the Hanypay parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or Ten Thousand United States Dollars (USD$10,000.00) dollars, whichever is lesser (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with Hanypay's website or services (including, without limitation, use, inability to use, or the results of use of Hanypay's websites or services), whether such damages are based on warranty, contract, tort, statute, or any other legal theory.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Hanypay Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Hanypay's Party's liability shall be the minimum permitted under such applicable law.

UPDATES, MODIFICATIONS & AMENDMENTS

We may need to update, modify, or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.

APPLICABLE LAW

These Terms of Use shall be interpreted and governed the laws currently in force inThe Republic of Ghana.

LEGAL DISPUTES

We shall try to settle all disputes amicably. However, any dispute which cannot be settled in accordance with Clause 14.2 within a period of fourteen (21) days shall be settled before a Sole Arbitrator to be appointed by both of us (we and you) in accordance with the Alternate Dispute Resolution Act 2010 (Act 798)in Accra and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. A dispute shall be deemed to have arisen when either of us notifies the other party in writing to that effect. If we are unable to agree on a sole arbitrator within fourteen (14) Business Days after the declaration of a dispute, such sole arbitrator shall be appointed by the Chairman of the Ghana Alternative Dispute Resolution Center on the application of either of us.

SEVERABILITY

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

TERMS OF SERVICE

By signing up for an account on this website (https://www.hanypay.co), any of our websites and/or services, you are deemed a merchant and agree to these Merchant Terms of Service (the "Agreement"). Please read these merchant terms of service carefully before signing up as a merchant. if you do not agree to any or all these terms of service, do not use this site!

ABOUT US

Hanypay ("we", "us" or "our") is an online payment gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers. We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not endorse, have control, or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a buyer or seller will complete a transaction.

AGREEMENT

These Merchant Terms of Service is an agreement between you and Hanypay. It details Hanypay's obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

REGISTRATION

To use Hanypay, you must create a Hanypay account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.

CHANGE OF INFORMATION

In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us.

REPRESENTATION AND WARRANTIES

1. You have full power and authority to enter, execute, deliver, and perform this Agreement.
2. You are duly organised, authorised and in good standing under the Laws of the Republic of Ghana or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.

AGE RESTRICTION

Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.

ACCOUNT SECURITY

You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Hanypay will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Hanypay's services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Hanypay's services and not sharing your device with other people).

DATA COMPLIANCE

You agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (PCI DSS Requirements") and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage, and disclosure of user information. Information on the PCI DSS can be found on the PCI Council's website. It is your responsibility to comply with these standards.

We are responsible for the security and protection of Card Holder Data (CHD) we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that CHD is kept safe and secure on our servers, in compliance with the PCI DSS Requirement. We also implement periodical security updates to ensure that our security infrastructures follow reasonable industry standards.

We acknowledge that you own all your customers' data. You hereby grant Hanypay a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers' data for the following purposes:

1. Providing and improving our services.
2. Internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data.
3. Complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local digital Oceans; and
4. Any other purpose for which consent has been provided by your customer.

SOFTWARE LICENSE

We hereby grant you a revocable, non-exclusive, non-transferable license to use Hanypay's APIs, developer's toolkit, and other software applications (the "Software") in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions, and replacement software for your use in connection with the Hanypay's services. If you do not comply with the documentation and any other requirements provided by Hanypay, then you will be liable for all resulting damages suffered by you, Hanypay and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.

TRADEMARK LICENSE

We hereby grant you a revocable, non-exclusive, non-transferable license to use Hanypay's trademarks used to identify our services (the "Trademarks") solely in conjunction with the use of our services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to Hanypay (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising, and use of all of the Trademarks.

INTELLECTUAL PROPERTY

We do not grant any right or license to any Hanypay intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement. Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.

PUBLICITY

You hereby grant Hanypay permissions to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. Such Publicity does not imply an endorsement for your products and services.

CONFIDENTIAL INFORMATION

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party's services, know how, technology, techniques, or business or marketing plans (collectively, the "Confidential Information") all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party's obligations under this section or by breach of a third party's confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations; or (iv) is independently developed by the receiving party. As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party's Confidential Information; (ii) not use the disclosing party's Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party's express prior written consent; (iii) disclose the disclosing party's Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party's internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

KNOW YOUR CUSTOMER

You agree that you are solely responsible for verifying the identities of your customers, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services. You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide Hanypay with these.

CARD NETWORK RULES

Each card network has its own rules, regulations, and guidelines. You are required to comply with all applicable Network Rules that are applicable to merchants. You can review portions of the Network Rules at Mastercard, Visa, Verve, Maestro, JCB and AKL Lumi cards and other payment cards. The Card Networks reserve the right to amend the Network Rules.

CUSTOMER PAYMENTS

You may only process payments when authorised to do so by your customer. We will only process transactions that have been authorised by the applicable Card Network or card issuer. We do not guarantee or assume any liability for transactions authorised and completed that are later reversed or charged back (see Chargebacks below). You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Hanypay may add or remove one or more payment types or networks at any time. If we do so we will use reasonable efforts to give you prior notice of the removal.

OUR FEES & PRICING SCHEDULE

You agree to pay us for the services we render as a payment gateway for your goods and services. Our Fees will be calculated as demonstrated on the Pricing page on the website and can be calculated on the same page using the "little calculator" we provided. The Fees on our Pricing page is integral to and forms part of this Agreement. In addition, please note that the Fee is inclusive of Value Added Tax (VAT) and levies as well as all charges and/or costs that may be assessed by our bank partners or processors for processing a transaction on your behalf. We reserve the right to revise our Fees. If we revise our fees we will notify you within 5 days of such change.

PAYOUTS

Subject to the terms of this Agreement, Hanypay will send to your designated bank or card settlement account ("Bank Account") all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds, or other amounts that you owe to Hanypay under this Agreement ("Payout"). If the Payout is not sufficient to cover the amounts due, you agree that we may debit your Bank Account for the applicable amounts, and/or set-off the applicable amounts against future Payouts. Upon our request, you agree to provide us with all necessary bank account and related information and grant us permission to debit amounts due from your Bank Account.

PAYOUT SCHEDULE

Your Payout Schedule, which is the time it takes us to initiate a transfer to your Bank Account settled funds from card transactions processed through us is on your Hanypay Dashboard. We reserve the right to change your Payout Schedule, suspend payouts to your Bank Account or initiate a Reversal should we deem it necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds, or other suspicious activity associated with your use of Hanypay, or if required by law or court order.

HOW WE HANDLE YOUR FUNDS

You authorise and instruct Hanypay to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the Card Networks. By accepting this Agreement, you further authorise Hanypay on how your card transaction settlement funds should be disbursed to you as Payouts and the timing of such Payouts. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by Hanypay pending settlement and Payout to your Bank Account. Settlement funds will be held in a deposit account at Hanypay pending Payouts to you in accordance with the terms of this contract. We may periodically make available to you information about pending settlements yet to be received from the Card Networks. Your authorisations will remain valid and be of full effect until your Hanypay Account is closed or terminated.

SECURITY AND FRAUD CONTROLS

Hanypay is responsible for protecting the security of Payment Data including CHD in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorised access and accidental loss or modification. Although, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such personal information for improper purposes. We will however take all reasonable and commercially achievable measures to address any security breach as soon as we become aware.

NOTIFICATION OF ERRORS

You agree to notify us immediately any error is detected while reconciling transactions that have occurred using Hanypay. We will investigate and rectify the errors where verified. If we notice any errors, we will also investigate and rectify such errors. Where we owe you money because of such errors, we will refund the amounts owed to you by a bank transfer to your Bank Account. If a transaction is erroneously processed through your platform, report to us immediately. We will investigate any such reports and attempt to rectify the errors by crediting or debiting your Bank Account as appropriate. Failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to amounts that are owed to you due to an error.

CHARGEBACKS

A Chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their bill. It may result in the reversal of a transaction. You may be assessed for chargebacks or disputes if (i) value is not given for transactions; (ii) transactions are unauthorised or improperly authorised; (iii) transactions do not comply with Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; (iv) your transactions have been flagged by a regulator or law enforcement agency or (v) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines, and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your settlements or payout account. Where these amounts are not recoverable through your settlements or payout account, you agree to pay all such amounts through any other means.

FRAUD

Fraud happens when an unauthorised transaction is made with a customer's stolen payment details. The most common types of fraud are identity theft, phishing, account takeover, friendly fraud etc. At Hanypay, we are committed to maintaining the highest standards of security and trust in our payment processing services. You are responsible for implementing additional security measures on your end to safeguard customer data and prevent unauthorised access to their accounts. We may impose transaction limits or other verification requirements for high-risk transactions to ensure the legitimacy of the transaction. In the event of a dispute initiated by a customer due to suspected fraud, we will review all relevant information, including transaction data and any evidence you have provided. In case of any discrepancy or if you are unable to provide proof of value within the specified timeframe, we will have no other option than to accept the fraud claim on your behalf. You are encouraged to maintain accurate transaction records and evidence to expedite the resolution process. Engaging in fraudulent activities, including chargeback abuse or unauthorised use of customer information, is strictly prohibited. If we identify any fraudulent activities on a merchant's account, we reserve the right to suspend or terminate the merchant's access to our services immediately.

DISPUTE POLICY

This policy serves as a guide to establishing a robust and transparent system to manage and resolve transaction disputes. It outlines the principles, procedures, and mechanisms governing the resolution process, providing a roadmap for all parties involved. The Dispute Policy is now part of the Terms of Service and Merchant Service Agreement. When you sign the MSA or consent to the Terms of Service, you're also signing this Dispute Policy. By adhering to this policy, consumers, and stakeholders alike will benefit from a structured and consistent approach to dispute resolution.

AIM

The primary objective of this policy is to strike a balance between safeguarding the rights and interests of parties involved in a transaction and promoting timely and equitable resolutions. It is designed to promote transparency, accountability, and fairness throughout the dispute resolution process, minimising liability and disruption to ongoing business operations while also maintaining a positive reputation in the payment industry.

INTRODUCTION

A transaction dispute occurs when a cardholder or account holder registers a formal complaint against a merchant regarding a specific transaction. Common reasons for transaction disputes include unauthorized debits, no value received for payment made, defective products/goods, multiple transaction charges for one attempt, or services not rendered as promised. Resolving disputes involves communication between the Issuer or card scheme, Hanypay and the sub-merchant. This communication requires evidence, such as receipts or transaction records and any other relevant information depending on the business category. In some cases, mediation or arbitration might be necessary to reach a satisfactory resolution. Swiftly addressing transaction disputes is essential to maintain trust and integrity in financial dealings and ensure fair outcomes for all parties involved.

TIMELINES

Fraud claims are transactions disputed as unauthorized or fraudulent. This means that the reporting customer has reached out to their bank to complain that they didn't initiate the transaction.

FRAUD CLAIMS

Fraud claims have a time frame of 24 hours to be resolved. If not resolved within this timeline, it auto-accepts. Sometimes, fraud reports can progress to a court order, law enforcement request or regulator request. We give Hanypay merchants 3 business days to provide receipts, account statements and other relevant information needed to successfully defend our position or object to a ruling and reply to a regulator or law enforcement agency request.

COURT ORDER

A court order is a written direction, decision, or command delivered by a court and signed by the judge. The ruling could specify the reversal of a transaction, the release of beneficiary information to an individual or a directive by a court of competent jurisdiction, be it court orders from area, magistrate, district, and high courts.

LAW ENFORCEMENT REQUEST

A law enforcement authority or agency may reach out to direct a refund or request more information on a transaction or merchant that has been deemed suspicious or fraudulent. This request could demand an in-person visit and Hanypay is bound by to comply.

REGULATOR REQUEST

Hanypay is bound by regulatory bodies in the regions we operate in. If a regulator reaches out for transaction or merchant information or to direct a refund, we must comply.

REOPENED FRAUD CLAIMS

Sometimes, fraud claims get reopened, and this happens for various reasons, including discrepancies in receipts, incorrect beneficiary information provided during the initial resolution, and insufficient beneficiary details. Reopened fraud claims have a prompt resolution timeline of 48 hours. If not resolved within this timeline, the fraud claim auto-accepts.

CHARGEBACKS

Chargebacks occur when a customer requests to have a payment they made reversed. It could happen due to a duplicate transaction charge, no value for payment made, a cancelled subscription that was still charged etc. Chargebacks have a time frame of 48 hours to be resolved in Ghana market and 72 hours in other markets that Hanypay have partnerships with. If not resolved within this timeline, it auto-accepts. Sometimes, chargebacks could require transaction revalidation or progress to other stages, pre-arbitration and arbitration.

LIABILITY

According to this policy and Hanypay's Terms of Service, merchants are bound by rules that limit Hanypay's responsibility. We are not liable for disputes incurred by merchants using our services. We are also not involved in the decision-making of dispute outcomes as this is left to the customer's bank and card networks. The information merchants provide to Hanypay directly or through a representative is expected to be accurate and complete. By using Hanypay's Payments Services, they are responsible for paying the full amount of any disputes (chargebacks and fraud claims), refunds, fines, or penalties that may arise from their use of the service, regardless of any agreements to share liability.

Card Networks and Hanypay don't accept high dispute rates from merchants. This is because high dispute rates suggest that the merchant(s) might not be delivering products or services to cardholders. A high dispute rate results in an increase in operational tasks and costs for all parties, including the Card Network, Issuing Bank, and Hanypay. There are specific liability scenarios we've seen arise from time to time. These are outlined below and will be updated when new situations come up:

1. Auto-accepted/Accepted disputes: Merchant liability
2. Court Orders: Merchant Liability
3. Fraud Chargebacks: Merchant Liability
4. Pre-arbitration chargebacks: Merchant Liability
5. Regulatory sanctions and fines: Merchant Liability (except directive originated from gap or loophole in Hanypay processes)
6. Card scheme fines such as remediation and arbitration fines:
   • Arbitration fines: Merchant Liability
   • Remediation fines: Merchant Liability (where a merchant is flagged & where a merchant contributes the most to the flagged fraud value or ratio)
7. Law enforcement visits and requests: Hanypay obligation. The affected merchant(s) gets looped in when directly referenced or invited by the requesting agency/authority.

DISPUTE THRESHOLDS

At Hanypay, we track the dispute rates for our merchants and alert them when they are close to breaching the limit. This helps us detect spikes early enough and avoid the monthly fines and additional fees associated with monitoring programs from card networks.

Hanypay Chargeback Thresholds

Hanypay Fraud Thresholds

DISPUTE COST

Merchants do not get charged for receiving or resolving disputes. However, for any accepted or auto-accepted disputes, the transaction value is reversed in full (except where the merchant accepted a dispute partially) and deducted from the merchant’s next settlement. This is because our processing fees are not refundable.

According to our Terms of Service, merchants are responsible and have indemnified Hanypay against any claims (including legal fees) from third parties, such as Card Networks, Issuers, and Acquirers, resulting from the merchant's violation of the Merchant Service Agreement, applicable digital Oceans, or card network rules for the payment methods in use.

DISPUTE PERIOD

Disputes may happen long after a transaction, but even if the Merchant Service Agreement is terminated or a business is closed, Hanypay is still entitled to recover dispute amounts, dispute fees, transaction reversals, and fines related to transactions processed during the agreement's term from the merchant.

RESOLUTION

Disputes should be resolved within specified timeframes by merchants with either an accept or decline response:

1. Accept: Merchant accepting a dispute means they’re yet to give value or can recover value. After accepting, the transaction is refunded, and the transaction value is deducted from the merchant’s next settlement.
2. Decline: Merchant declining a dispute means they’ve already delivered value and will be unable to recoup or salvage it. Declining a dispute requires a transaction receipt and for fraud claims, additional information such as beneficiary details and KYC, details of funds utilisation and details of any transfers or withdrawals made is needed.

RIGHT TO INFORMATION SHARING

Hanypay has the right to share information about a merchant and their transactions with regulators, acquirers, issuers, law enforcement, and other authorities to comply with legal requirements. This sharing is important to prevent fraud, investigate suspicious transactions, and maintain the security of our payment systems.

By cooperating with these entities, we help detect, prevent and give relevant information on financial crimes, ensuring the safety of everyone involved in the payment process. This information sharing is also crucial for us to fulfil our responsibilities as a trusted intermediary, allowing us to respond quickly to potential risks and support a transparent payment environment that promotes trust for all parties.

RESERVES

In our sole discretion, we may place a Reserve on a portion of your Payouts by holding for a certain period such portion where we believe there is a high level of risk associated with your business. If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Payouts to be held back, period, and any other such restrictions that Hanypay may deem necessary. Where such terms are changed, we will notify you. You agree that you will remain liable for all obligations related to your transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks, and other adjustments.

To secure your performance of this Agreement, you grant Hanypay a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.

REFUNDS

You agree that you are solely responsible for accepting and processing returns of your products and services. We are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services. You agree to submit all Refunds for returns of your products and services that were paid for through Hanypay to your customers in accordance with this Agreement and relevant Card Network Rules.

You are encouraged not to provide refunds to an account holder for a previously processed transaction using a different payment method than the method used for the original transaction. The original transaction can in such case still be subject to a dispute by the account holder or Issuer, causing you to have to refund the received funds twice. This is a well-known method to make fraudulent use of stolen credit cards at the expense of businesses.

No refund of Processing fees

The fees charged for processing the original Transaction will not be refunded in part or in full to the Merchant if the Transaction is Refunded or made subject to a dispute.

Information Sharing

In cases of suspected fraud or criminal activities, we may share relevant information with regulators, law enforcement, and other authorities to ensure compliance with legal obligations.

Merchants are obliged to cooperate fully with any investigations related to fraudulent activities, providing any necessary information promptly.

TERMINATION

You may terminate this Agreement by closing your Hanypay Account. We may suspend your Hanypay Account and your access to Hanypay services and any funds, or terminate this Agreement, if:

1. You do not comply with any of the provisions of this Agreement.
2. We are required to do so by a Law.
3. We are directed by a Card Network or issuing financial institution; or
4. Where a suspicious or fraudulent transaction occurs.

RESTRICTED ACTIVITIES & ACCEPTABLE USE POLICY

You are independently responsible for complying with all applicable Digital Oceans related to your use of our website and services. However, by accessing or using Hanypay, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it which you can read on our Acceptable Use Policy page.

PRIVACY POLICY

Hanypay is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

DISCLAIMER

We try to always keep Hanypay available, bug-free and safe, however, you use it at your own risk. Our website and services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Hanypay makes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you through our website or from Hanypay, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Hanypay parties") shall create any warranty.

LIMITATION OF LIABILITY

In no event will any of the Hanypay parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or Ten Thousand United States Dollars (USD$10,000.00) Dollars, whichever is lesser (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with Hanypay’s website or services (including, without limitation, use, inability to use, or the results of use of Hanypay’s websites or services), whether such damages are based on warranty, contract, tort, statute, or any other legal theory.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Hanypay Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Hanypay’s Party's liability shall be the minimum permitted under such applicable law.

INDEMNITY

You, as the merchant, hereby agree to assume full responsibility for defending, indemnifying, and holding Hanypay, its officers, directors, employees, agents, licensors, and suppliers harmless from any claims, actions, or demands, as well as liabilities and settlements, including but not limited to reasonable legal and accounting fees, arising from or alleged to arise from your violation of the terms outlined in this Agreement. By accepting these terms, you acknowledge that Hanypay shall not be held liable for any consequences resulting from your actions or omissions, and you expressly release us from any such liabilities.

UPDATES, MODIFICATIONS & AMENDMENTS

We may need to update, modify or amend our Merchant Terms of Service as our technology evolves. We reserve the right to make changes to this Merchant Terms of Service at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page If you have any objection to any of the changes to this Merchant Terms of Service, you must cease using our website and/or services immediately.

APPLICABLE LAW

These Terms of Use shall be interpreted and governed by the Digital Oceans Oceans currently in force in the Republic of Ghana.

Legal Disputes

We shall try to settle all disputes amicably. However, any dispute which cannot be settled in accordance with Clause 14.2 within a period of fourteen (14) days shall be settled before a Sole Arbitrator to be appointed by both of us (we and you) in accordance with the Alternate Dispute Resolution Act 2010 (Act 798) in Accra and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. A dispute shall be deemed to have arisen when either of us notifies the other party in writing to that effect. If we are unable to agree on a sole arbitrator within fourteen (14) Business Days after the declaration of a dispute, such sole arbitrator shall be appointed by the Chairman of the Ghana Alternative Dispute Resolution Center on the application of either of us.

Severability

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Miscellaneous

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.

Data Processing

DATA PROCESSING AGREEMENT

This Data Processing Agreement (“DPA”/ “Agreement”) is subject to and forms part of your Hanypay Merchant Services Agreement, where applicable, and governs Hanypay’s and its affiliates’ Processing of Personal Data. If your Hanypay Account is located in Ghana, you enter this DPA with Hanypay Ghana Limited (“Hanypay”).

DEFINITION & INTERPRETATION

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

1. “Controller” As defined under the Data Protection Act 2012. In this Agreement, Merchant shall be the controller.
2. “Data Protection Legislation”, “Data Protection Law(s)”means the Ghanaian Data Protection Act 2012, and all other applicable Digital Oceans or regulations relating to the processing of personal data and privacy, as such legislation shall be amended, revised or replaced from time to time.
3. “Data Subject” is an individual who is the subject of Personal Data.“Instructions/Approved Purpose” As defined in Clause 2 below.“Main Agreement” means the Merchant Service Agreement entered into by the Parties (Hanypay and the Merchant), where relevant.
4. “Personal Data/ Data”, ”Merchant Data” means any information relating to a Data Subject that is processed by the Processor as a result of, or in connection with, the provision of the Services under the Main Agreement; including but not limited to a name, identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that Data Subject. For the avoidance of doubt, Personal Data/Data/Merchant Data shall include only the types of personal data listed under Schedule I, Part A of this DPA.
5. “Personal Data Breach” means a security incident leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.“Privacy Policy” means the Privacy Policy of Hanypay displayed on its website at https://www.hanypay.co
6. “Processing” means any activity that involves the use of Personal Data or as applicable Data Protection Legislation may otherwise define ‘processing’, ‘processes’ or ‘process’. It includes any operation or set of operations which are performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Processing also includes transferring Personal Data to third parties.
7. “Processor” As defined under the Data Protection Act 2012. In this Agreement Hanypay shall be the processor.
8. “Restricted Transfer” means a transfer of Personal Data to a Third Country.“Services” means the services the Processor provides to the Controller pursuant to the Main Agreement, specifically the provision of payment processing and related services.
9. “Sub-Processor” means any third-party processor appointed by and on behalf of the Processor in connection with this Agreement.
10. “Supervisory Authority” means an independent public authority which is established under any Data Protection Law for the purpose of overseeing compliance with such legislation, in this case the Data Protection Commission.
11. “Terms and Conditions” means Hanypay’s agreed to by the Merchant prior to the use of the Services.
12. “Third Countries” means a country or territory outside the countries listed in Part B of the Schedule attached to this Agreement.
13. In this DPA:
    1. The terms used in this DPA will have the meanings set out in this DPA. Capitalised terms not otherwise defined in this DPA will have the meaning given to them in the Main Agreement, where applicable. Except as modified below, the terms of the Main Agreement will remain in full force and effect, where a Main Agreement has been signed.
    2. In consideration of the mutual obligations set out in this DPA, the Parties agree that the terms and conditions set out below will be added to the Main Agreement. In cases where there is no Main Agreement, the terms of the DPA will still apply as a standalone Agreement.
    3. The schedules and appendices to this DPA form part of this DPA and will have the same force and effect as if set out in the body of this DPA and any reference to this DPA will include the schedules and appendices.
    4. The background section and all headings are for ease of reference only and will not affect the construction or interpretation of this DPA.
    5. Unless the context otherwise requires, references to the singular include the plural and vice versa.
    6. Unless the context otherwise requires, references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or state agency or any other entity (in each case whether or not having separate legal personality);
    7. References to any statute or statutory provision will include any subordinate legislation made under it and will be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time.
    8. Any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them.
    9. To the extent only of any conflict or inconsistency regarding the processing of Personal Data between the provisions of the Main Agreement (where relevant) and this DPA, this DPA will prevail.
    10. References to a Party to this DPA include references to the successors or assigns (immediate or otherwise) of that Party.

SCOPE OF PROCESSING/APPROVED PURPOSE

1. As part of Hanypay providing the Service to the Merchant under the Main Agreement or general Terms and Conditions, Hanypay shall comply with the obligations imposed upon it under Data Protection Law and agrees and declares as follows:
   1. (i) to process Personal Data in accordance with the Merchant's documented instructions as set out in the Main Agreement (if applicable), Terms and Conditions, and this DPA for the specific purpose of providing the Service(s) to the Merchant,
   2. (ii) to retain, use, or disclose Personal Data only for the specific purpose of providing the Service(s) to the Merchant as set out in the Main Agreement (if applicable), Terms and Conditions, Privacy Policy, and this DPA, and
   3. (iii) any other written instructions given by the Merchant and acknowledged by Hanypay as constituting instructions under this Agreement (collectively, the “Instructions/Approved Purpose”). Hanypay will comply with the Instructions unless it is otherwise unable to comply with an Instruction or prohibited by applicable Data Protection Law.

ROLES OF THE PARTIES

For the purposes of applicable Data Protection Law and this DPA, the Parties agree that in relation to the Merchant’s Personal Data Processed by Hanypay pursuant to the Main Agreement (where applicable), the Merchant is the Controller and Hanypay is the Processor. Both Parties shall comply with any obligations applicable to them under Data Protection Legislation with respect to the processing of Personal Data.

4. PROCESSING OF PERSONAL DATA

1. Hanypay will comply with all applicable Data Protection Digital Oceans in the Processing of the Merchant’s Personal Data on behalf of the Merchant and provide such assistance and information as required under Data Protection Legislation to assist the Merchant to comply with its obligations under Data Protection Digital Oceans.
2. Only Process the Merchant’s Personal Data and any Personal Data the Merchant provides in accordance with the Approved Purpose or on written instruction from the Merchant (or, if directed by the Merchant) for the purposes of performing the Services (including with respect to transfers of the Merchant’s Personal Data to a Third Country or an International Organisation, which shall be in compliance with the Data Protection Digital Oceans);
3. Not knowingly or negligently do anything or fail to do anything which would cause the Merchant to be in breach of its obligations as a Controller under Data Protection Digital Oceans.
4. Not modify, amend or alter the Merchant’s Personal Data or disclose or permit the disclosure of the Merchant’s Personal Data to any third party unless it is required for the performance of the Services, for the Approved Purpose or/is specifically authorized to do so in writing by the Merchant or permitted by Data Protection Law.
5. Not disclose nor allow any person to access the Merchant’s Personal Data from any Third Country or by any international organisation, other than for the performance of the Services, the Approved Purpose or on the written instructions of the Merchant; unless required to do so under any law to which Hanypay is subject. In that event, Hanypay will, to the extent permitted by law, promptly inform the Merchant of the legal requirement before Processing the Merchant’s Personal Data.
6. Hanypay shall immediately notify the Merchant prior to any Processing being carried out, if in Hanypay’s opinion, any instruction from or on behalf of the Merchant infringes or is likely to infringe Data Protection Digital Oceans.