Terms and Conditions

                                                               TERMS OF SERVICE AGREEMENT (TOS)

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF, AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 10/20/2018.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with TALINGPAY, also known as TALINGPAY, located at Kampala, Entebbe Express High-way Uganda and our subsidiaries and affiliates, in association with the use of the TALINGPAY website, which includes https://www.talingpay.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website which has the following description:

TALINGPAY was founded with the purpose of simplifying life for the business community and entire public to transform our daily activities from traditional hand to hand transaction into modern electronic system.
TALINGPAY ensures; –
1. Secure online payment of services
2. Secure online money transfer
3. Secure online shopping

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of TALINGPAY. At its discretion, TALINGPAY may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. TALINGPAY does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that TALINGPAY shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such TALINGPAY shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

REFERENCE TERMS

Talingpay; – “We”, “Us”, and “Our”
Creating account; – process of opening account with Talingpay by providing valid personal details.
Closing account; – process of terminating your account with Talingpay.
Seller’s account; -refers to a person/you who uses Talingpay to facilitate the sale of his/her goods to his/her customers/buyers.
Buyer’s account; -refers to a person/you who uses Talingpay servicers to buy goods from the seller.
Sending money; -is a process of sending money to a receiver through Talingpay to a receiver.
Receiving money; -is a process of collecting money sent by the sender through Talingpay.
Transaction fee; – money charged in accordance to specific Talingpay service utilized.
Chargebacks; – is reversed transaction for the purposing of protecting consumers from the fraudulent activities committed by merchants and individuals.
Online payment; – is a process of exchanging money electronically.
Consent; – your agreement

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving TALINGPAY’s Services under the laws and statutes or other applicable jurisdiction.

When you register, TALINGPAY may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with TALINGPAY and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, TALINGPAY will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of TALINGPAY Services, or any portion thereof.

It is TALINGPAY’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the TALINGPAY website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age appropriate for his/her child.

Accurate and correct personal details

As stated in your school, university or vocational Identity card, Passport, National Identity Card, Refugee card, Driving license, and Employment identity card. Use those details as they are to open your account.
Include;
Your name as stated in your legal documents above.
Your billing address as stated in your card issuing bank.
Your date of birth as stated in your legal document.
Your sex
Contacts; Mobile phone number and email address
You therefore accept, commit and maintain the accuracy of the above information.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the TALINGPAY Online Privacy Policy (see the full Privacy Policy at https://www.talingpay.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the East and Central Africa (Uganda, South Sudan, Kenya, Tanzania, Rwanda and Burundi) and/or other countries for storage, processing or use by TALINGPAY.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify TALINGPAY immediately if you notice any unauthorized access or use of your account or password or any other breach of security. TALINGPAY shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

ACCOUNT OPENING

Use your valid and official personal details to create an account on our website, which will enable you to send and receive money, and as well buy and sell goods online or pay for your water, electricity, air tickets and hotels. You will also have an advantage of paying for your tuition or school fees.
Opening an account with us enables you the “merchant” to get connected to your clients at anytime and anywhere. It also enables buyers to buy goods any time and any place.

Due to the need of protecting our customers from fraud or other malicious and criminal acts, some accounts holders (clients) will be requested to consent and grant us access to verify their credit history from their respective banks or business licensing operational details from the respective registration authorities.

While some accounts are subject to fee charge, others are not. Please contact our customer care for more information or visit our website for account charges and rates.

Talingpay facilitates payment processes between the seller and the buyer; the purchases and transactions made are between the seller and the buyer and not with Talingpay thus any problem arising should be handled by the seller and the buyer; however, Talingpay in our capacity might intervene to arbitrate the disputes and give advice and recommendation accordingly.

ONLINE PAYMENT

When doing business or transaction online payment, ensure the following;
• Avoid accessing and logging into your Talingpay account from public internet service points such as cafes;
• Your internet service point has well-functioning and updated anti-virus;
• Log out immediately after your done with your purchases or payments
• Avoid visiting unsecure sites because this will expose you to data skimming.

You might be charged Value added Tax but that depends on the company providing the service if they are in position to waiver their customers from the tax.

BUYING GOODS

Some goods are subject to excise and customs duty depending on the laws and regulation of a country you’re buying from; therefore, as a buyer verify with the seller to ensure that he/she paid taxes to prevent your goods from being seized or you being held responsible.

The buyer must confirm and verify that all the specification of the items corresponds with product, check with the seller, the availability, labelling, delivery process, return policy and the amount in stock and inspect your item as soon as it arrives.

For your safety only buy from sites that have encryption

Check your credit card statement after the purchase.

SELLING GOODS

All sellers are prohibited from practices of misleading information by omitting the critical and important specifications. Goods should be described the way they are so that it’s the buyer makes individual decision of buying or not.

Sellers must give clear offers if they are to do so because buyers should be made to understand what the offers are, their numbers, qualification, limitation and their deadline. Sellers should specify clearly if the offers are for free or require payment.

Sellers should state clearly their advertising contents; they should state if the product has a fixed price rate which does not require negotiation or a negotiable price. Sellers should give a full description of the items, stating its date of manufacture and expiry date, availability in the stock and duration of the offers.

Sellers should state complete pricing of their items including taxes and any other additional charges should be stated clearly.

MONEY TRANSFER

a) SENDING MONEY

Talingpay simplifies life and as well saves your time. We bring the easiest way of sending money to your loved ones (sons, daughters, parents friends and family members, and business partners).

When you send money ensure to provide correct and valid personal identity details. The purpose of the identity is to ensure that the right person receives the money. With all that in place be rest assured that your money reaches your destination and the right person in all places where Talingpay offices are located.
You can send money through cash at hand, mobile money account, credit card and debit card but using a credit card or debit card you might be charged an advance fee by the issuing bank.

If the person you are sending money to is not able to open a Talingpay account on our website, please contact our customer care center so that we a sign one staff to open an account on his/her behalf or withdraw the money on his/her behalf.

Due to different restrictions regarding monetary transfer, Talingpay might restrict the amount of money per transaction depending on the country’s regulation on money transfer.
Bear in mind Talingpay does not charge you money for sending but the receiver will be charged reasonable small fee for withdraw.

c) RECEIVING MONEY

To receive your money, kindly present your valid personal Identity card as stated above to where our offices are located. Since Talingpay operates at the East and Central African Region at the moment, you can withdraw your money in form of South Sudanese Pounds (SSP), Ugandan Shillings (Shs), Kenyan Shillings (Shs), Tanzanian Shillings (Shs), Rwandan Franc and United States Dollars (US$). However, if you choose to withdraw your money in a different currency rather than your ideal currency, you will be charged at a conversion rate that is equivalent of the official forex exchange rate in that specific country at that particular time.

USING YOUR ACCOUNT WITH CAUTION

As a “BUYER”, you agree and consent that “YOU” shall not create fake accounts with fake credentials for the purpose of extorting money from the sellers and Talingpay.
As a “BUYER”, you agree and consent that you will not create illegitimate chargebacks to the buyer causing losses for money and the goods.
As a “SELLER”, you agree and consent that you will not create fake account with fake credentials with the purpose of extorting money from the buyers and Talingpay.
As a “SELLER”, you agree and consent that you will not sell expired, hazardous, damaged or duplicated goods (by duplication refers to goods where the original parts are removed and fitted with weak spare parts or goods made to resemble the original product. All sellers must sell quality and right product as desired by the buyer.
All sellers must state their delivery and return policy very clearly for the buyers to understand.
All sellers must consent to declaring the prices of their items clearly, so that the buyers understands from the very beginning, the cost, shipping and return fee if any.
All sellers should update their stocks accordingly to avoid displaying out of stock items. Any item that is out of the stock should be replace immediately.
As “SELLER”, you agree and consent that you will not force buyers to take goods which are not of their choices.
All Sellers must ensure that their websites are genuine and scam free. Sellers must consent and agree to not collect buyers card and personal details.
All sellers must provide enough customer support to the buyers from the initial to last stage when the buyers get the item.
As “SELLER”, you agree and consent to address cases of legitimate chargebacks promptly.
As customer using Talingpay services you agree and consent that, you will not intentional create setups for the purpose of damaging Talingpay reputation and as well extort money.

FEES AND OTHER CHARGES

Companies that use Talingpay services will decide whether their customers are charged for each transaction or they (companies) will cover each transaction charges. If the companies accept to cover the transactional charges for their customers, then their customers will not be charged any fee. Companies that do not cover transactional costs will have their clients charged for using Talingpay services. For more information on charges, please contact our customer care because companies take different decisions in this regard or visit our website and click on fees. Also check through our website for fee specific charges that are applicable.

CHARGEBACKS

A chargeback is meant to protect the consumer from fraudulent activities. It could result from card skimming or stolen. Some merchants might want to take the advantage and exploit buyers by selling to them damaged or expired goods. Some merchants might also sell different goods rather than the buyer’s choice or display and deliver different goods.

However, merchants also have the right to dispute illegitimate chargebacks that might result from the buyer’s mistakes or buyers filling charge backs for wrong reasons, especially when a family member used the card and card-holder does not want to pay the cost or the buyer uses chargeback to evade handling fees. A buyer can mistakenly order the transaction or he/she might not know the transport process.

Talingpay does not pay refunds for chargeback and is not responsible for any chargeback. Chargebacks are solely the responsibility of the seller (Merchant). However, Talingpay can help to mediate between the seller and the buyer.

Any case of chargeback that arise should be addressed between the buyer and seller; however, the buyer has the right of reporting the case to his/her issuing bank if the seller is not responding to his/her request of a legitimate chargeback. The seller as well has the right to dispute the chargeback if he deems it illegitimate.

FEES AND OTHER CHARGES

Companies that use Talingpay services will decide either their customers are charged for each transaction or they (companies) will cover each transaction charges for their customers.

If the companies accept to cover the transactional charges for their customers, then their customers will not be charged any fee.

Companies that do not cover transactional costs will have their clients charged for using Talingpay services.

For more information on charges, please contact our customer care because companies take different decisions in this regard or visit our website and click on fees. Also check through our website for fee specific charges that are applicable.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the TALINGPAY Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by TALINGPAY.

Furthermore, you herein agree not to make use of TALINGPAY’s Services for the purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any TALINGPAY officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;

j) interfering with or disrupting any TALINGPA Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by Securities and Exchange Commissions, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;

l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the government as a threat to public and national security.

m) “stalking” or with the intent to otherwise harass another individual; and/or

n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

TALINPAY herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

TALINGPAY herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the TOS;

c) responding to any claim that therein contained content is in violation of the rights of any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of TALINGPAY, its visitors, users and members, including the general public.

TALINGPAY herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by TALINGPAY or any other content providers supplying content services to TALINGPAY. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the of the East and Central African countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations as well as the sanctions control programs.
Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses which would be a violation; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

TALINGPAY shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for TALINGPAY the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of TALLINGPAY’s site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of TALINGPAY’s site, and shall terminate at such time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of TALINGPAY’s site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of TALINGPAY’s site and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of TALINGPAY’s site, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of TALINGPAY’s site are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.

CONTRIBUTIONS TO COMPANY WEBSITE

TALINGPAY provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) TALINGPAY shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

c) TALINGPAY shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property of TALINGPAY; and

e) TALINGPAY is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold TALINGPAY, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of TALINGPAY Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to TALINGPAY’s site.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that TALINGPAY may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by TALINGPAY, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on TALINGPAY’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that TALINGPAY has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, TALINGPAY shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

MODIFICATIONS

TALINGPAY shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of https://www.talingpay.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected] provided you don’t have any outstanding charges, orders or bills in your account. However, in the due course of safety precaution we will need to verify and confirm that it is you (customer); thus, this might delay your immediate account closure. We might also delay your account closure if we discovered that your account is linked to fraudulent, criminal, malicious or prohibited activities that might endanger Talingpay and its customers (Buyers and Sellers) and the banks until investigation and clearance is done.

As a member, you agree that Talingpay may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your https://www.talingpay.com account Services.

Prohibited activities

You agree and consent that your account shall not be used for the following, but is not limited to:

a) Money laundering and fraud;

b) Selling stolen and illegal goods as stated in laws of operation in that country;

c) Selling fake goods;

d) Selling hazardous goods, such as expired goods, and contaminated goods and food staffs.

e) Sponsoring acts of violence, such as; robbery, drug trafficking, human trafficking;

f) Activities that are destructive human, animals and nature, such as; toxic industrial, biological and chemical wastes.

g) Activities that are threat to public and national security as stated by the law in that country

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with https://www.talingpay.com shall include any and/or all of the following:

a) the removal of any access to all or part of the Services offered within https://www.talingpay.com;

b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that TALINGPAY shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either TALINGPAY or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that TALINGPAY shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that TALINGPAY’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by TALINGPAY or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on TALINGPAY Services (e.g. Content or Software), in whole or part.

TALINGPAY herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by TALINGPAY for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF TALINGPAY SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. TALINGPAY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.

b) TALINGPAY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
(i) TALINGPAY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) TALINGPAY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TALINGPAY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
(v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF TALINGPAY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM TALINGPAY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TALINGPAY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release TALINGPAY (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. TALINGPAY’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. TALINGPAY and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

TALINGPAY may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the TALINGPAY trademarks, copyright, trade name, service marks, and other TALINGPAY logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of TALINGPAY. You herein agree not to display and/or use in any manner the TALINGPAY logo or marks without obtaining TALINGPAY’s prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES

TALINGPAY will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, TALINGPAY may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The TALINGPAY Agent for notice of claims of copyright or other intellectual property infringement can be contacted through the below contacts

CLOSED CAPTIONING

BE IT KNOWN, that TALINGPAY complies with all applicable Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at https://www.talingpay.com .

GENERAL INFORMATION

ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and TALINGPAY and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to TALINGPAY Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other TALINGPAY Services, affiliate Services, third-party content or third-party software.

JURISDICATION
It is at the mutual agreement of both you and TALINGPAY with regard to the TOS that any dispute between the parties shall be governed by this TOS agreement and if we fail to address these disputes; the law of a specific country in East and Central Africa (Uganda, Kenya, South Sudan, Tanzania, Rwanda, and Burundi) where we are registered and where you registered from shall apply but in absence of our registration in those specified countries, the Jurisdiction shall be undertaken under the Uganda court of law. Without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and TALINGPAY, shall be filed within the courts having jurisdiction within the Court located in said countries. You and TALINGPAY agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS
At any time, should TALINGPAY fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 weeks after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to TALINGPAY as follows:

Mailing Address:
TALINGPAY
Kampala Uganda

Telephone:

Email: [email protected]