Terms & Conditions

1. Introduction

Acceptance of Terms

By accessing or using ElementPay ("we," "us," or "our"), you agree to be bound by these Terms and Conditions (the "Terms"). These Terms apply to all users regardless of location. For users in Kenya, local Kenyan laws and regulations will govern. For users or operations subject to other jurisdictions, relevant laws and regulations may also apply.

Amendments

ElementPay reserves the right to modify or update these Terms at any time. Any changes become effective upon posting. Continued use of ElementPay following the posting of revised Terms indicates your acceptance.

2. User Registration and Account Management

Account Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to register. You represent that you are legally capable of entering into binding contracts.

Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify ElementPay immediately of any breach of security.

KYC Compliance

In accordance with Kenyan financial regulations and other applicable laws, Know Your Customer (KYC) documents may be required. You may need to complete KYC verification before accessing certain services.

3. Financial Transactions

Fees and Charges

Fees for transactions are displayed clearly at the point of use and comply with Kenyan regulations and other applicable standards.

Refunds and Cancellations

Refunds and cancellations are handled in accordance with Kenyan consumer protection laws and, where relevant, other applicable consumer protection standards.

Transaction Limits

Transaction limits may apply to comply with Anti-Money Laundering (AML) and other financial regulations.

4. User Conduct

Compliance with Laws

You agree to comply with all applicable laws, including those related to AML and Counter-Terrorism Financing.

Prohibited Use

ElementPay must not be used for any unlawful, fraudulent, or unauthorized purpose. Any violation may result in immediate account suspension or termination.

5. Privacy and Data Protection

We collect, use, and store personal data in accordance with Kenyan Data Protection laws and other applicable data protection regulations. Please refer to our Privacy Policy for details on how we handle user data.

6. Termination and Suspension

Rights of ElementPay

We reserve the right to suspend or terminate any account for non-compliance with these Terms or for other lawful reasons, such as suspected fraud or illegal activities.

User's Right to Terminate

You may close your account at any time, provided all pending transactions or obligations are settled.

7. Limitation of Liability

To the fullest extent permitted by applicable law, ElementPay shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, revenue, or data.

8. Dispute Resolution

Governing Law

For Kenyan users, these Terms are governed by the laws of Kenya. For users in other jurisdictions, relevant laws may govern alongside applicable regulations.

Dispute Resolution

Kenyan-based disputes are resolved through arbitration in Nairobi under the Arbitration Act. Disputes in other jurisdictions may be resolved through arbitration or courts in accordance with local laws.

9. General Provisions

Severability

If any part of these Terms is found unenforceable, the remaining provisions remain in full force.

Entire Agreement

These Terms constitute the entire agreement between ElementPay and its users, superseding any prior agreements or communications.