User Agreement and Terms of use

Please read our Terms of Use

Last updated: 20 May 2016

This User Agreement (“Agreement”) is a contract between you and Mpago Limited (“Mpago”, “us”, “our” or “we”) that applies to your use of Mpago’s products and services (the “Services”). By registering an account with Mpago or using any of the Services, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement as well as our Privacy Policy, which is incorporated into this Agreement by reference. Section 20 of this Agreement governs how this Agreement may be changed over time. The text in the boxes throughout this Agreement is there to help you understand the Agreement, but is not part of the Agreement. If after reading this Agreement in its entirety you are still unsure of anything or you have any questions, please contact Support.

If you want to have a Mpago account, these are the rules that you and Mpago need to follow. Incorporating the Privacy “by reference” means that by agreeing to this User Agreement you are also subject to that policy.

1. Eligibility

You must be an individual of at least 13 years of age to enter into this Agreement. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services. Note that we may not provide all or some of our Services to certain persons or regions if, for example, in doing so, we would not be able to comply with the laws relating to our Services in such circumstances.

2. Registration Process; Identity Verification

You may register for one account denominated in Bitcoin. If you open additional accounts, we reserve the right to immediately close such additional accounts.

When registering for your account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time, we may also require you to provide further information as a condition for continued use of the Services, including but not limited to a copy of your government issued photo ID, your date of birth, email address, physical address, tax identification number, and bank account or credit card statement so that we can confirm your identity. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.

3. Privacy

We are committed to protecting your personal information and to helping you understand exactly how your personal information is being used. You should carefully read, download, and store our Privacy Policy and Cookie Policy as each provides details on how your personal information is collected, stored, protected, and used.

4. Communications

By entering into this Agreement, you agree to receive electronic communications and notifications from Mpago. Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically. This Agreement is provided to you and concluded in English. We will also communicate with you in English for all matters related to your use of our Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services.

5. Security of User Information

You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs), and mobile unlock codes that you use to access the Services. You are responsible for keeping your email address up to date in your Mpago Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify Mpago immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services at [email protected] and (ii) ensure that you sign out of your account at the end of each session when accessing the Services. Mpago will not be liable for any loss or damage arising from your failure to protect your account information.

We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software.

We go to great lengths to protect your account, but we need you to do the same. It is important that you always protect not only your Mpago password but also the email account associated with your account and any device used to access your account.

6. Account Suspension & Closure

We may, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify yourself, if we believe your account has been compromised, in order for us to comply with laws or regulations, or your violation of the terms of this Agreement (including, but not limited to, Sections 16 and 17). If you have bitcoin remaining in an account which has been suspended or closed, you will be able to access such bitcoin and withdraw them to an external bitcoin address (unless prohibited by law or a court order). If you are unable to login to your account because it has been suspended, you must contact us at [email protected] to process such withdrawal. If you are unable to login to your account, you will need to contact Support to process such withdrawal.

You may terminate this Agreement at any time by closing your account and discontinuing use of the Services. Upon termination of this Agreement and your account, you remain liable for all transactions made while the account was open.

If you use Mpago to commit crime, we can close your account. If you attempt to link a bank or card and fail identity verification when doing so, you will still be able to access your bitcoins. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account. Requirements are generally more complicated around bank and card use than they are around bitcoin use.

7. Services; Third Parties

Mpago provides you with a secure and convenient way to establish and account for purposes of (i) storing bitcoin, and (ii) sending and receiving bitcoin. Your account is not a bank account.

Mpago is an independent contractor for all purposes and is not your agent or trustee. Mpago does not have control of, or liability for, any products or services that are purchased or sold by third parties using the Services. Mpago does not guarantee the identity of any user or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Mpago is not liable for any losses or issues that may arise from such third party transactions, including, but not limited to, legality, quality, delivery, or satisfaction with any products purchased. If you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third party seller or buyer, as applicable.

If you use your Mpago account to send money to someone in exchange for a product or service, and you have a problem with that product or service, you will need to resolve that dispute directly with the third party.

8. Mobile Services

To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile applications may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using mobile Services, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number. In order to maintain the security of your account, two-factor authentication is required. That means that you need to have a valid phone and update your account information if your phone number changes.

9. Value of Bitcoin; Conversion Rate

Mpago does not guarantee the value of bitcoin. The value of bitcoin can rapidly increase or decrease at any time. You acknowledge that the price or value of bitcoin may fluctuate and that the conversion rate (the “Conversion Rate”) for converting local currency into bitcoin may not be the same Conversion Rate that applies when converting bitcoin into local currency. You will always be shown the applicable Conversion Rate for a transaction prior to consummating the transaction. You agree to deliver the agreed upon payment for bitcoin upon confirmation of an order, regardless of changes in bitcoin value. The Services do not involve any extension of credit to you, and no credit is extended to you in connection with your use of the Services. In the event you are entitled to a refund or other payment by Mpago, Mpago shall have no liability for any losses resulting from a change in the Conversion Rate that may have occurred since the time of the original transaction. We are not responsible for any processing delays that may result in connection with any deposit, withdrawal, or transaction.

All funds received into your Mpago account will be delivered in the currency that your account is denominated in, regardless of what currency the transaction is initiated in. For example, if your Mpago account is denominated in Bitcoin and someone sends you U.S. Dollars, we will automatically convert such U.S. Dollars to bitcoin based upon the current Conversion Rate. We are not responsible for any losses that might be incurred as a result of the Conversion Rate that applies to a given transaction. The conversion rate of bitcoin to local currency is constantly changing. If a deposit attempt fails and the value of bitcoin rises before you are able to successfully complete a deposit, we are not responsible for any value lost due to that conversion rate change. At any given time, the rate for converting U.S. Dollars to Bitcoin may differ from the rate used for converting Bitcoin to U.S. Dollars., etc.

10. Transaction Limits Mpago reserves the right to change the deposit, withdrawal, conversion, storage, and velocity limits on your account as well as the availability of the Services as we deem reasonably necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period. A “velocity limit” relates to the speed and frequency of transactions. If you are making 1,000 deposits per day, we might need to slow you down a bit.

11. Right to Suspend or Delay Transactions

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.

12. Refunds; Reversals

Once a bitcoin transaction has been initiated, it cannot be reversed. Except as set forth in this Agreement, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds or applicable law. You can also always access the record of your Mpago transactions in your Mpago account.

13. Restricted Activities

In connection with your use of Services, you hereby agree that you will not:

  • violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
  • intentionally try to defraud (or assist in the defrauding of) Mpago or other Mpago users;
  • provide false, inaccurate, or misleading information;
  • take any action that interferes with, intercepts, or expropriates any system, data, or information;
  • partake in any transaction involving the proceeds of illegal activity;
  • transmit or upload any virus, worm, or other malicious software or program;
  • attempt to gain unauthorized access to other Mpago accounts, the Mpago website, or any related networks or systems;
  • use the Services on behalf of any third party or otherwise act as an intermediary between Mpago and any third parties;
  • collect any user information from other Mpago users, including, without limitation, email addresses;
  • defame, harass, or violate the privacy or intellectual property rights of Mpago or any other Mpago users; or
  • upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

14. Prohibited Payments

Using the Services to make the following types of payments is prohibited, and Mpago reserves the right to monitor for payments that relate to:

  • any Restricted Persons or persons or entities located in Restricted Territories (as each term is defined in Section 29);
  • constitute money-laundering or terrorist financing;
  • any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
  • goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction otherwise constitute counterfeit goods;
  • any other matters which we communicate to you that are unacceptable from time to time and which, for example, may be restricted by our and your payment partners.

In the event that Mpago learns that you are making any such prohibited payments, Mpago may suspend or terminate your Mpago Account.

15. Taxes

Mpago will maintain a record of your transaction history, which you will be able to access through your Mpago Account for purposes of making any required tax filings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. Mpago will make any tax withholdings or filings that we are required by law to make, but Mpago is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

16. Indemnification; Release

You agree to indemnify and hold Mpago, its affiliates, and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Services.

For the purpose of this Section 19, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in the Section 19 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).

‘Indemnify’ means to compensate someone for the harm or loss they may suffer. If you breach this Agreement or violate the law and it results in Mpago facing claims or expenses, you agree to cover those losses.

If you have a dispute with one or more users or third parties, you release Mpago (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

If you have a dispute with anyone other Mpago, you release us from liability associated with that dispute.

17. Limitation of Liability; No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Mpago AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Mpago HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.

We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses. So if we do something wrong that costs you $100, our liability is limited to that $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Mpago, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Mpago MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

We cannot guarantee that Mpago is always going to meet your demands. As we grow we will likely add new services, change certain features and drop old features. We hope you are always happy with Mpago, but we can’t contractually guarantee you will be.

Mpago will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but Mpago makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

18. Force Majeure

Mpago shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.

This section allows our lawyers to demonstrate that not all legal terms are Latin. Some are French.

19. Amendments

We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised User Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement. If the revised Agreement includes a material change, we will provide you with 30 days’ prior notice via our website and/or email before the material change becomes effective. For this purpose, a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) to otherwise clarify an existing term. As Mpago grows and offers new products and services, we will need to make changes to this Agreement. If we make a big change, we’ll give you 30 days’ notice. You can always tell when this Agreement was last changed by checking the “Last Updated” date at the top of the Agreement.

20. Assignment

You may not transfer or assign this Agreement or any rights or obligations you have under this Agreement without our prior written consent, by operation of law or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign or transfer this Agreement and the rights and obligations of this Agreement, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Agreement by contacting Support and asking us to close your account.

21. Survival

Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

22. Third Party Applications

If you grant express permission to a third party to connect to your account, either through the third party’s product or through Mpago, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Mpago responsible for, and will indemnify Mpago from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

23. Website; Third Party Content

Mpago strives to provide accurate and reliable information and content on the Mpago website, but such information may not always be correct, complete, or up to date. Mpago will update the information on the Mpago website as necessary to provide you with the most up to date information, but you should always independently verify such information. The Mpago website may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by Mpago of any products or services. Mpago shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Mpago website or in any Third Party Content.

From time to time we might post helpful links or articles on our website, but you should investigate those sources on your own.

24. Limited License; Intellectual Property Rights

We grant you a limited, non-exclusive, non-sub licensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Services solely for approved purposes as determined by Mpago. Any other use of the Services is expressly prohibited. Mpago and its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by Mpago, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. “mpago.com”, “Mpago”, and all logos related to the Services are either trademarks, or registered marks of Mpago or its licensors. You may not copy, imitate, or use them without Mpago’s prior written consent. All right, title, and interest in and to the Mpago website, any content thereon, the Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of Mpago and its licensors.

We grant you access to use all of our products and services, but we still own the intellectual property associated with these products and services.

25. Unclaimed Property

If Mpago is holding funds in your account, and Mpago is unable to contact you and has no record of your use of the Services for several years, applicable law may require Mpago to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Mpago will try to locate you at the address shown in our records, but if Mpago is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Mpago reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

If you haven’t logged into your Mpago account for a number of years and we are unable to get in touch with you, we may be obligated under law to consider your account abandoned and we might then be required to transfer your account balance to a body designated by law.

26. Disputes; Governing Law; Jurisdiction

If you have a dispute with us, please contact us and we will aim to resolve the matter quickly. You may also choose to contact the European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at (http://ec.europa.eu/consumers/redress_cons/).

The terms of this User Agreement are governed by the laws of the United Kingdom. This means that this Agreement and any dispute or claim arising out of or in connection with it will be governed by the laws of the Republic of Ireland. You agree with us that, as you are a consumer, the courts in the permitted region where you are resident will have non-exclusive jurisdiction.

This means for example, that if you are a resident in England, you may bring proceedings in England.

27. Entire Agreement; Third Party Rights

The failure of Mpago to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.

The heading and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement, including Mpago’s policies governing the Services referenced herein, the Privacy Policy, the Cookie Policy and the E-Sign Consent constitute the entire agreement between you and Mpago with respect to the use of the Services.

This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Mpago and other Mpago affiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.

This Agreement (along with the Privacy Policy) are the only documents that govern your relationship with Mpago. If some future court judgment deems any particular provision of this Agreement unenforceable, the rest of the Agreement is still valid.

Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of this User Agreement or to ask any questions regarding this User Agreement or the Services.

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