Effective Date: October 13, 2021
Making Financial Services More Accessible To You
OPay gives you the freedom to make quick and easy payments, spend smart and save more，you can also be our
merchant partners to apply for POS from our platform.
OPay provide you an easy way to pay all the bills for telecommunication, internet, landline, electricity, gas,
water, donations, wallets, online services, insurance, governmental services, education, subscriptions and
other
many services. OPay also provide you a opportunity to do business more easily with the cooperation of our
online
acquiring system and offline POS machines.
After registering on OPay Platform your registration will be validated, and you will have your own unique
User-name and Password that will give you and you are the only one that is entitled to access to the Services
on
OPay Platform, The Services is operated by OPay Egypt for E-Payment Services (“OPay”), subject to these Terms
of
Services.
An "activation code" is a number that is automatically generated by
the user's registration process and sent to the user's mobile number via SMS. User uses this code to
activate the registered account.
"Business Rules" are the regulatory guidelines applied by OPay on
our Platform from time to time.
"User Name" is the distinguishing identity for OPay user. It is
designated to the user through the registration process. It is forced to be unique across all Portal
users.
"Password": the secret sequence of alphanumeric characters selected
by authorized user during the registration process or afterwards through Password changes process to enable
the user to gain access to OPay. It grants for this user full access to initiate electronic payments against
his OPay account and to conduct all allowed functions for the user who owns the account.
"OPay", "We", "Us","Our" and "Ours" wherever the context permits refer to OPay Egypt for E-Payment
Services, its servants and agents.
"OPay" is the name given by OPay to the Service provided, which
OPay registered as its trademark.
"The Service Procedures" refer to OPay policies, procedures and
hardware and software compatibility requirements related to the user of the Service.
"You", "Your" and "The Client" refer to an authorized individual user of the Service who
has read, understood and agreed to be bound by the terms of services herein.
"Biller" or "Billers" is
a generic term refers to the payee of certain payment transactions. A biller is an establishment that
contracted OPay to avail for its clients/customers different OPay options through OPay payment networks. This
term holds true for establishments that issue bills, accept customer initiated payments or sells E-Vouchers
for clients/customers to consume their values later in leveraging its offerings.
These Terms (or Agreement ) constitute a contract between you and OPay. You may not use the Service if you do not accept these Terms. By using any part of the Service you accept these Terms. If you are under eighteen(18) years of age, you may not use the Services.
By asking for bills, statements or any other type of communication to be sent to you through the Services, you hereby acknowledge that you have all the rights needed, and authority to receive such information. You acknowledge that we make no representations or warranties of any kind relating to, and are not responsible for the content of the bills, statements, invoices, advertising or any other materials you may receive from the Billers, or for the quality or type of the products or services you may have purchased from the Billers.
You authorize OPay to make the payment in case you requested an instant payment or scheduled a future payment.
You commence and permit that you have all the required rights, power and authority to authorize each payment you initiate. This authorization shall remain in full force and effect until OPay has received a termination notice from your end of such authorization in appropriate time and manner that will give OPay the opportunity to act upon this termination.
We will transfer funds to each respective Biller in accordance with procedures reasonably designed to enable the Biller to credit your account with the Biller as of the date you order or schedule.
Transactions made by OPay in this manner will be considered timely under this Terms and Conditions, and we accept no responsibility for any failure by the Biller to provide timely credit on your account in accordance with the Billers agreement with us.
OPay from time to time sets its own appropriateness requirements for Payments. Bill payments and top-ups executed from the portal are non-refundable.
Payments are limited to domestic Billers and must be made in Egyptian Pounds. Other limitations on payments through the Service may be incorporated in the Service Procedures.
OPay Charges service fees per transaction and might add this charge to the debited amount of each payment. OPay advises you with the exact service fees that will be deducted for each transaction prior to approving the transaction and proceeding with the payment. By authorizing OPay to process the payment, you authorize OPay to debit the total amount of the payment plus the service fees mentioned from your card.
OPay is not responsible for any late payment that resulted from any misconduct from the customer, like carelessness, or overlooking. However, OPay will commit to execute the scheduled payments on time set by the customer. In case of payment failure for any reason OPay will notify the customer with whichever method selected by the customer to be notified. In case of failure to execute the payment on the scheduled date due to a misconduct from OPay's side OPay will arrange with biller for waiving negative impact on customer. This is the limits of OPay responsibility. This does not apply in case of force Majeure conditions related to acts of God, technical disasters, crises, etc.
During the registration process, the application will allow you to assign a Unique User ID and a Unique Password to access your account. We might send the activation link to your provided Email address used during the registration process or the activation code sent in a SMS to the mobile number you entered during the registration process to activate your account if needed. You must use your user ID and Password to access the Service. Your Password is for your sole and exclusive use and has the same effect as your written signature in connection with the Service. You should treat your Password with the same degree of care and secrecy that you use to protect your other personal identification numbers or sensitive personal financial data. Remember it is your responsibility to protect your Account Password. In case of suspecting that there are some unauthorized transactions done on your account or in case you lost your password or your password got stolen; contact us AT ONCE through the contact information on our Platform. Please change your password immediately in such situation. Notifying us immediately is the best way of minimizing possible losses.
6.During the registration process, the application will allow you to assign a Unique User ID and a Unique Password to access your account. We might send the activation link to your provided Email address used during the registration process or the activation code sent in a SMS to the mobile number you entered during the registration process to activate your account if needed. You must use your user ID and Password to access the Service. Your Password is for your sole and exclusive use and has the same effect as your written signature in connection with the Service. You should treat your Password with the same degree of care and secrecy that you use to protect your other personal identification numbers or sensitive personal financial data. Remember it is your responsibility to protect your Account Password. In case of suspecting that there are some unauthorized transactions done on your account or in case you lost your password or your password got stolen; contact us AT ONCE through the contact information on our Platform. Please change your password immediately in such situation. Notifying us immediately is the best way of minimizing possible losses.
7.We will not send you any statements listing the transactions made by you on the Platform. Those transactions will appear only on the online statements on OPay Platform under your Account. YOU SHOULD BE ABLE TO VERIFY THE PAYMENT RECORD WITH YOUR PAYMENT ACCOUNT STATEMENT. If you are in doubt about any transaction made through OPay Platform that is listed on your statement, please don’t hesitate to contact us at once, through our listed communication channels to provide you with more information in regards to these suspicious transactions. We must hear from you no later than thirty (30) days after the date of the FIRST statement on which the problem or error appeared. If you tell us orally, we may require that you send your complaint or questions in writing within ten (10) business days of the problem date. OPay will respond to your complaint based on the proven evidence of your access, definitions, mandates and actual execution within 30 days. In case evidence lead to your benefits, OPay will fund your account with the amount that matches your payment.
If you are a merchant or anyone that is entitled to apply for our POS terminals, you can log into our platform and find certain pages for the application. You fully understand that you need to submit required information to complete the application, and we will provide specific review on the application to check your qualification. You need to be fully in accordance with our POS related terms, conditions and agreements, and you might need to pay for such POS terminals according to our policies.
You hereby provide the following warranties to OPay:
a) All information contained in your application for processing services, or any other documents delivered to OPay in connection therewith is true and properly reflects your business and vital information.
b) You have the power to execute, deliver and perform this agreement and this agreement is duly authorized and will not violate any provision of law or conflict with any other agreement to which I am subject.
c) You have all licenses required to conduct its business and is statutorily qualified to do business in every jurisdiction where it does so.
d) Each sale slip presented for collection is genuine and to the best of my knowledge is neither the result of any fraudulent transaction nor is being deposited on behalf of any other business, other than the business authorized by this Agreement. Furthermore, you warrant that each sales slip presented shall to the best of your knowledge represent the result of a bona fide card transaction for the purchase of goods and services by the cardholder in the total amount stated on the sales slip.
e) You have performed or will perform all its obligations to the Cardholder in connection with the card transaction evidenced thereby.
f) You have the requisite skill and capacity to perform all its duties and obligations as contemplated herein and in accordance with the laws applicable thereto.
g) Without prejudice to any warranties given by the manufacturers of the POS terminals, you are responsible for the cost of replacing any POS terminal in its possession or custody that is lost, damaged under any circumstances resulting from my use of the POS Terminal, or resulting from occupation of your premise by third parties.
After the assessment and acceptance of the POS, you agree to indemnify OPay from and against all losses, expenses and damages which OPay may directly or indirectly suffer or incur or any dispute between OPay and any cardholder as a result of its failure to observe any of your obligations.
a) You hereby agree and undertake to fully
indemnify and keep OPay harmless
from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses,
charges, expenses and damages which you may suffer or incur as a result of:
Any fraud, dishonesty or misconduct (criminal or otherwise) relating to the Transactions perpetrated by me,
its servant, agent, employee or contractor or the fraud, dishonesty or misconduct (criminal or otherwise)
perpetrated by a third party as a result of the negligence or default of yourself, its servant, agent,
employee or contractor; and
Any loss of or damage to any equipment or POS terminal in the Systems arising out of the act or omission
whether negligent or otherwise of you, its servant, agent, employee or contractor or out of any failure of
you, its servant, agent, employee or contractor to operate the equipment in accordance with the procedures
prescribed by the network.
Any form of fraud arising from compromise on the part of you with respect to this Agreement;
Manual reversal of fund on the POS terminal by Cash-out Agents.
Charge-back debit due to inability to provide documentary evidence to dispute claims.
Customers’ dissatisfaction which results in litigation.
b) You will never hold OPay liable or responsible for any action, claim, cost, expense, damage and loss, including consequential loss or damage or loss of profit, which arising out of your use of the POS terminal unless such loss or damage is by reason of the failure of OPay to perform any of its obligations stipulated under this Agreement.
transaction wasn’t completed on time from your account on OPay due negligence or deliberate misconduct, apart from the mentioned cases below (Here are the exceptions on which OPay will not be liable):
If, through no fault of ours, you do not have enough money in your card to make the transaction;
If the payment would result in the maximum limit of your card being exceed;
If the Service was not working properly and you knew about the breakdown when you scheduled the payment;
If the failure is caused by an act or omission of someone other than us, such as (for example) your Biller, or
any provider of telecommunications services, Internet access or computer equipment or software;
If circumstances beyond our control (such as, a fire, flood or other natural disaster, war, riot, strike, act
of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical,
telecommunications or other utility services) interfere with the transaction, despite reasonable precautions
that we have taken;
If your card is subject to legal process or other restriction on access;
If you do not comply with the requirements of the Terms and Conditions herein, including Service
Procedures;
If you had an opportunity to avoid or reduce any such losses or damages and failed to do so.
12.By registering and using OPay Platform you allow OPay to receive private and confidential information. You also agree to our Privacy Policy as published on our Platform by using the Services of OPay. However, OPay pledges that it will not rent, sell or otherwise make available to any third party for any reason whatsoever any of your private and confidential information or any information that personally identifies you, your card or payments you make through the Platform, other than to provide the Service or to comply with applicable laws or regulations, or court orders or unless you otherwise expressly agree. Please note that Billers whose bills you pay using the Platform may have their own privacy policies which are not controlled by OPay.
13.In no event shall OPay or any other entity involved in the provision of the Service be liable for (a) damages caused other than by its own gross negligence or intentional misconduct or (b) any indirect, special, incidental or consequential damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of, or in any way related to the use of, or inability to use the Service, even if OPay or the Biller has been advised of the possibility of such damages. In no event shall OPay be liable for any act or omission of any third party (such as, your F.I., any Biller, or any provider of telecommunications services, Internet access or computer equipment or software).
This provision maintenance and the use of the Service shall be governed by the laws of the Arab Republic of Egypt and all its rules and regulations. Any matters arising concerning the interpretation, validity or implementation if this Agreement not solved by mutual agreement between the Parties shall be submitted to arbitration in the English language before a sole arbitrator to take place in Egypt as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitrators of the United Kingdom. The arbitration decision shall be final and binding on the Parties and may be made an order of court. The Parties unconditionally consent and submit to the jurisdiction of the Supreme Constitutional Court for such purpose. Nothing in this Agreement will be deemed as preventing OPay from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect OPay’s name, proprietary information, trade secrets, know-how, or any other intellectual property rights.
15.Any amendments to the terms and conditions herein may be added to, deleted or amended by OPay at its sole discretion at any time. You will be deemed to have had notice of any such additions, deletions or amendments upon the posting thereof on OPay. If you do not agree with any such additions, deletions or amendments, you may terminate your subscription to the Service in the manner provided below. If you do not do so and continue to use the Service then you shall be deemed to have agreed to the additions, deletions or amendments as they are made by OPay.
OPay may suspend or terminate your access to the Service at any time, without notice and without assigning any reason thereof. Except as warranted by risk to the security, privacy or integrity of the Service, the payments and data processed by us, we will attempt to provide you with prior notice of suspension or termination by or otherwise sending notice of termination, but we are in no way obligated to do so. Neither termination nor discontinuation of the Service shall affect your liability for transactions initiated through the Service using your Password. If we terminate your service, transactions scheduled for dates after the date of termination will be canceled. You are entitled to terminate our Services by stopping using the Services provided by OPay.
This Agreement constitutes the whole agreement between the parties in regard to the subject matter hereof and no warranties or representations of any nature whatsoever other than set out in this agreement have been given by any of the parties.
No delays or omission by us in exercising any rights or remedies provided herein will impair such right or remedy or be construed as waiver of any such right or remedy. If we exercise any right or remedy, in whole or in part, that exercise will not prevent us from any further or future exercise of such right or remedy or any other right or remedy. No waiver will be valid unless in writing signed by us.
IN NO EVENT SHALL OPay OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPay OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
Business Days For purposes herein, business days means Sunday through Thursday (9:00 am 5:00 pm), except on Public holidays and official holidays as set by the Central Bank of Egypt.
Discuss your unique payments needs with our dedicated global teams.