The Terms and Conditions below are in effect for all JUBA EXPRESS transactions on or after 1st of January, 2021. By participating in or continuing to use our services you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.

Definitions

“Customer” means you the person who subscribes to, uses or purchases any of our services or accesses our websites and includes any person who accesses any of the services that Juba Express offers.

“Services” means the platform operated and maintained by Juba Express that allows you to send and receive money to a beneficiary through the Juba Express platform and/or in partnership with third party International Money Remittance Providers.

Prerequisites for the use of the service

Before using our services, you must have an account or register with us. Information collected during registration shall not be limited to the client’s full name, address, telephone number, source of fund, among other details.

Sender and Receiver represent, warrant and certify to JUBA EXPRESS that its and their use of the services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use. When required by applicable law, money transfers shall be reported to relevant authorities. In addition, JUBA EXPRESS shall cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law.

You will be required to provide JUBA EXPRESS with certain information to allow us, among other things: to verify your identity, source and purpose of funds to be transferred. You agree that the information you provide is not false, inaccurate or misleading.

You undertake to notify our customer support team in writing if you are or have been a politically exposed person (PEP) and thus have or have had a high political or state position, or are related to and/or a close associate of a person with such a position. You further undertake to notify us of any changes in respect hereto.

By accepting these Terms, you confirm that neither you nor the recipient are subject to any sanctions imposed by the EU, the UN, the UK and/or the US and that the Service will not be used for illegal purposes, such as e.g. Money laundering, terrorist financing or fraud. Nor will the Service be used to dispose of, acquire, hold or use funds derived from criminal activities.

We may in our absolute discretion refuse to register or revoke the registration of any person on our platform or refuse to offer our services to a customer.

Customer due diligence

We are required by law to carry out customer due diligence checks on you in order to provide the Service to you.

Please note that we at all times require you to prove your identity with a valid identity document and thus that your account will be automatically locked upon the expiration of the identity document that you have provided.

You are responsible for ensuring that the information provided when creating an account is valid, complete and correct. You shall immediately notify us and provide supplementary information if any information provided would expire or otherwise cease to be complete and/or correct. Please note that our customer records may be updated and/or verified from official registers or other third-party sources. You need to notify our customer support team if any information provided from official registers would be incorrect.

To ensure the safety of the funds transferred within the Service, all Users and recipients are regularly screened against applicable PEP and sanction lists. Such screening is performed by a reputable third-party provider through an automated function within the Service. In addition, all Transfers are subject to our transaction monitoring system, which is designed to detect, for instance, odd transfers or behavioral patterns.

You agree to comply with any request from us or any intermediary party for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through a third party, inquiries and checks we consider necessary to validate or supplement the information you have provided to us. Please note that failure to comply with an information request may lead to a Transfer being halted, revoked or refused or your account becoming restricted.

Fees

In consideration for the use of the Service, you agree to pay to JUBA EXPRESS a fee for each money transfer initiated by you at the applicable rate then in effect (the “transfer fee”). The applicable transfer fee for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services.

Currency exchange

The exchange rate on the day of the cleared funds will be used for your transaction. You agree that payment will be made to recipient in local currency. Exchange rate is subject to change without prior notification. You agree that the exchange rate on the day of the cleared funds will be used for your transaction.

Recipient account payments

When recipient account payments are made, JUBA EXPRESS will guarantee and prove payment into a branch of the bank. You agree thereafter that JUBA EXPRESS cannot take responsibility as to the length of time it will take for funds to be available in recipient account. You agree that JUBA EXPRESS will not be liable for errors in account payments for any reasons whatsoever.

Provision of Transfer

We will make every effort to complete the Transfer within 72 hours but there may be delays due to circumstances beyond our control. In this case we will complete the Transfer as soon as reasonably possible.

We may have to delay performance of the Transfer if we have to deal with technical problems, or to make improvements to our service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.

To send money using our Service, we may use one of our payment partners to complete the transfer to a Recipient. Therefore, when providing this service, the funds will be instantly credited to the relevant payment partner. The payment partner shall then be responsible for ensuring the onward transmission of the payment to the Recipient. Our obligations for the onward transmission of funds shall be complete once such funds have been credited by us to the relevant payment partner. Therefore, once such credit has been made by us, we shall not be responsible for the onward transmission of such funds by that payment partner.

Transaction limits and charges as prescribed by local legislation shall apply each time you send the Remittance Amount to the Beneficiary.

Your Transaction request will not be completed:

• If you have reached the daily limit prescribed by local legislation;
• If your Account has been temporarily suspended or permanently frozen on valid grounds;
• If there are any other compelling reasons such as temporary system delay or outage.

Upon the successful initiation of the Send instructions for Remittance Amount to the Beneficiary, you will get a remittance slip when the Remittance transaction has been completed.

Refunds

REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by JUBA EXPRESS. You agree that TRANSFER FEES will NOT be refunded after the transaction has been processed by JUBA EXPRESS. You agree that REFUND OF CAPITAL AMOUNT can only be made after 5 WORKING DAYS from day of request for cancellation.

We strongly advise you to only send money to people you know. Once the funds have been withdrawn by the recipient, you will not be able to cancel or reverse the transaction and Juba Express cannot be held liable.

Events outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

• Strikes, lock-outs or other industrial action; or
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
• Impossibility of the use of public or private telecommunications networks.

Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

Intellectual property

All information and/or intellectual property rights disclosed by us within the Service or otherwise are owned by us, our affiliates or partners. The access to or disclosure by us does not give you any license or other rights whatsoever in respect of any part of such information or intellectual property right unless specifically stated herein.

You agree to only use the Service for your own personal use and only as permitted by these Terms and in accordance with any information provided within the Service. The Service may not be used for the purpose of testing the Service for commercial use or to obtain information about the Service or about us.

You may not modify, reverse engineer, disassemble, or decompile the Service or any software contained therein or duplicate, publish, create derivative works from, or otherwise distribute or exploit the Service or any part thereof without our express written permission.

Complaints

In the event of a complaint regarding the Service or if you would be unsatisfied with an answer or solution provided by the customer support team, you may write to Complaints Officer, through [email protected], who will conduct an investigation into the matter and provide a written answer within 15 business days after its receipt of the complaint.

Privacy

We take reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, and agents of Juba Express who require access to your personal information in order to fulfill their job requirements will have access to your personal information.

Juba Express collects uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation of states or country to collect personal information to provide money transmission services. This uses will include but not limited to:

• Responding to any of your queries or concerns.
• Verifying your identity information through publicly available and/or restricted local and international databases in order to comply with regulatory requirements.
• to comply with any legal, governmental or regulatory requirement or for use by our legal team in connection with any legal proceedings.
• In business practices including to quality control, training and ensuring effective systems operations.
• Preventing and detecting fraud or other crimes and for debt recovery
• For research, statistical and other scientific or business purposes.
• Provide aggregated (which do not contain any information which may identify you as an individual) to third parties.

Juba express, will store your information for as long as required by law or regulations.

Any disclosure of your information shall be in accordance with applicable law and regulations. We may disclose your information to:

• law-enforcement agencies, regulatory authorities, courts or other public authorities in response to a demand issued with the appropriate lawful mandate and where the form and scope of the demand is compliant with the law.
• subsidiaries, associates, partners or agents who are involved in delivering our services for your use;
• Fraud-prevention agencies;
• Publicly available and/or restricted government databases to verify your identity information in order to comply with regulatory requirements; or
• Emergency service providers when you make an emergency call (or where such disclosure to emergency service providers is necessary for your rescue, health and safety) including your approximate location.

Juba Express has put in place processes, resources, controls, tools and other measures to protect your information from unauthorized access, accidental loss or destruction.

Juba Express reserves the right to amend or modify this statement at any time. If we amend this statement, we will post any changes on our website so that you will always know how your personal information is being used or shared.

WARANTIES AND LIMITATION OF LIABILITY

Juba Express will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.

Juba Express shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Juba Express makes no representations or warranties as to continuous, uninterrupted or secure access to our service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, maintenance or upgrades.

Juba Express will not be responsible for any claim unless caused by willful default attributable to Us. Juba Express specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:

• Transactions made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;
• Any damages resulting from a recipient’s decision not to accept or record a Transaction paid to them via Juba Express services;
• Failure of any other telecommunications or data transmission system other than our system;
• Failure of receipt of the Remittance Amount on the Beneficiary’s end due to complications with the preferred Third Party Money Remittance Provider;
• Any result of any acts of government or authority, any act of God or force majeure.

The limit of our liability shall not exceed the maximum Account balance limit for the time being in force for any single event or series of events.

You agree to indemnify and hold Juba Express harmless against any claim brought against us by a third party resulting from your breach of these Terms and Conditions.

Force Majeure

Neither Party shall be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil disorders; belligerent aggression by an enemy; strikes; lack of available resources from persons other than parties to this Agreement; labor disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days, then either Party may terminate their engagement by notice in writing to the other. Upon such termination all Cash held in trust for you shall be refunded to you.

General

Sending money on behalf of another person is prohibited and may expose you to criminal liability under the Proceeds of Crime & Anti-Money Laundering legislation in the respective countries.

You acknowledge that these Terms and Conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous editions, this version will prevail.

These Terms and Conditions may be amended from time to time as we introduce new functionalities. Such amended Terms and Conditions may be published in our website from time to time and shall take effect immediately upon publication.

Failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right nor shall it prevent Safaricom from exercising or enforcing the rights in question at any time.

You may not transfer any rights or obligations you may have under this Agreement without written consent.

You must not use our service for payment for goods or services that offend or circumvent any law including without limitation, narcotic drugs, firearms, obscene or pornographic material or services, participation in pyramid or Ponzi schemes, infringement of third party intellectual rights, running illegal or unauthorized lotteries, gaming or gambling, as well as material that is morally repugnant; incites violence or desires to cause harm; induces an unacceptable sense of fear or anxiety; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes tribal, religious or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.

You acknowledge that any Juba Express Agents are independent contractors and we shall not be liable for the acts or omissions by the said Agents.

I acknowledge that I have read, understood and accepted these terms and conditions of Juba Express.