Terms & Conditions

These terms and conditions shall apply to the Xprizo wallet account as well as to any other services taken up by Yourself and which are ancillary or otherwise linked to the Xprizo wallet account,  whether provided by Xprizo or any other related or unrelated parties. These terms contain the rights and obligations of Xprizo and Yourself as the customer (hereafter referred to as ‘you’) in relation to the use of the wallet services (hereinafter referred to as the ‘service’ or ‘services’’). By subscribing to Xprizo services, you hereby confirm your consent to these terms and conditions. Xprizo may change or modify this Agreement at any time, subject to prior  notification. Any changes made to the fees and commissions shall be communicated to the customer at least fourteen (14) days before they take effect through the company’s website or other Xprizo’s official electronic channels (Email: contact@xprizo.com  Website: www.xprizo.com ).Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Terms to Xprizo’s website and Xprizo app. You are fully responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

1. Definition of Terms:

Account holder: means an individual holding an Xprizo account.

Xprizo Account: means the virtual wallet account through which account holders can make payments or other transactions in and out of the wallet to purchase goods and services and can also affect peer to peer transfers with other Account holders.

Xprizo App: The general Xprizo application that is used to offer Xprizo services available in web and Android version

Customer: an individual who is an Account Holder

Third Party(ies): means related or unrelated parties to Xprizo without direct involvement to this agreement but who may provide ancillary services liked to the Xprizo account

Personal information: Any information that can be used to identify a living or natural person including email address, date of birth, mobile number, residential address, payment card, financial information such as bank account number, etc.), government-issued Identity credentials (e.g, national ID number, international passport, driver’s license number, etc), or taxpayer identification number. It may also include information that is linked to you, for example, your internet protocol (IP) address, log-in information, information about your device or device’s web browser.

2. About us

We are a Payments Services Technology Provider that offers a wallet and an aggregated payment solution.  This Policy is used by XTech Limited (registered in the United Arab Emirates -Registration number 13396) and Nabwi Ventures Limited registered in Kenya-Registration number PVT-BEUX8MRE)  . Both companies trade as Xprizo. 

PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE AGREEING TO BE BOUND BY ITS TERMS.

3. The Service

3.1 The service is only available to Xprizo account holders. Xprizo however reserves the right to accept or decline any application for the service at its sole discretion. The service will only be provided through the infrastructures which, Xprizo at sole discretion may determine from time to time.

3.2 Through the Xprizo account you shall be able to make payments or other transactions to purchase goods or services and also to effect peer to peer transfers with other Account holders.

3.3. Payment for goods and services through the account shall be on a real-time basis with real time financial transaction processing and real time reports that are accessible on web and mobile platforms for monitoring of account transactions and for reconciliation purposes.

3.4 The customer agrees and undertakes to be bound by and to comply with all of the procedures as may be issued from time to time.

3.5 The Customer undertakes to notify Xprizo, through the provided means, immediately of theft or loss of the mobile phone/ SIM card, any unauthorized access to the service discontinuation of the telephony service with the specified mobile service provider. Xprizo shall not be held liable for any losses resulting from the loss of the SIM card and /or mobile phone however caused.

3.6 Xprizo shall not be held liable for the quality of the service of the mobile service provider and gives no warranty with respect to the quality of service by the mobile service provider.

3.7 Xprizo shall not be held liable for the quality of the service of the wifi and gives no warranty with respect to the quality of service by the Wifi network provider.

3.8 The Customer shall notify Xprizo of any changes in the mobile telephone number(s) address and any other information that may affect the ability to access the service. Xprizo will not be held liable for sending information to the wrong contact details if you have failed to update them  in our records at any given time.

4. Xprizo Account

4.1 Eligibility and Registration: To be eligible to use Xprizo Services, you are aware that you must comply on an ongoing basis with KYC protocols which may vary depending on your user level.

4.2 Account creation: in order to make use of Xprize Services, you are first required to register for a Xprizo Account. You hereby confirm that you are the owner of the account you are creating and are not doing so on behalf of anyone else. In order to open an entry level account, you shall be required to provide and submit to Xprizo the following information, namely: your Name, a Valid Identification Number,your telephone/Mobile Number and a valid email address. The contact information provided shall be verified and authenticated by Xprizo whether directly  or through other government agencies. Furthermore , your information shall also be screened against sanctions lists. You hereby consent to this verification of your information and sanction screening of the same.  Your Xprizo  account shall be immediately activated following successful  authentication and following satisfactory sanction screening being concluded.

4.3 Account Access: Xprizo will provide You with a One Time Password (OTP) number for verification purposes or alternativley you may be asked for several other forms of access control such as password or google authenticator when  you seek access to your account. If OTP is the preferred method by the user, then it shall be sent to your email or phone number

4.4 Withdrawal from account: Xprizo account holders are able to make withdrawals from the wallet using third party wallets or agents, as follows:

From MPESA: Xprizo account holders may withdraw funds from their Xprizo accounts into an MPESA wallet 

From Agent: Xprizo account holders may make withdrawals from their account via Xprizo agents 

4.5 Deposit to account: As an Xprizo account holder you may l make deposits or top up your account via local third party online wallets, physical Xprizo agents and any other methods as Xprizo shall advise from time to time. Such topping up of your Xprizo account  shall be subject to the transactional limits set from time to time.

From MPESA: Xprizo account holders may deposit cash into their Xprizo account from an MPESA account

From an Agent: Xprizo account holders may deposit cash into their Xprizo account from an agent. 

4.6 Send Money

On the app: This service is available to Xprizo account holders. You may send money from your wallet to a recipient’s wallet that has a different currency.

4.7 Wallets

You will be able to add wallets according to what is prescribed in your jurisdiction’s legal framework. You can also switch preference of wallet by clicking on the currency button that is currently the default one. A list will appear for you to select your preferred currency wallet. 

4.8 Trust: Any money deposited in your Xprizo account shall be held by duly authorized Independent Trustee. 

4.9 Service Availability: The service will only be available in geographical regions where Xprizo has a presence. The customer undertakes to keep your login credentials safely and shall not permit any person access to his/her mobile or internet app with or without his/her consent. Xprizo shall not be liable for customers signing up from other jurisdictions via Virtual Private Network (VPN) and the customer commits that he/she is present in the declared jurisdiction

4.10 Trust: Any money deposited in your Xprizo  account shall be held by duly Regulated PSP that Xprizo has partnered with

5. Fees and Charges

Xprizo reserves the right to charge a fee for the provision of Xprizo services and for the use of all or part of the Services. Such fees shall be notified to the customer through Xprizo platforms, Xprizo’s electronic channels and websites. The Customer will be liable to pay any fees levied for the use of the service, unless waiver of the same is communicated. By accepting these terms and conditions, the customer confirms acceptance to have applicable fees debited from their wallet account. These charges will be reflected in the wallet account statement. Xprizo reserves the right to terminate this service in the event of failure to pay the fees levied for the provision of the service.

6. Intellectual Property

All the intellectual property rights in the services pursuant to these terms and conditions shall be the sole property of Xprizo. Any unauthorized service interruption on interference through your account shall lead to an automatic suspension of Xprizo services and use of your Xprizo Account.

7. Limitation of Liability

7.1 The Xprizo account services are provided on an “as is” and “as available” basis. Xprizo and its associated companies make no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service.

7.2 Xprizo is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided.

7.3 Save in the event of negligence, fraud or willful misconduct, no Party shall be liable for any direct or indirect, incidental, special or consequential damages, including loss of profits, revenue, data, or use incurred by the others as a result of failure or interruption of the services to be provided under this Contract.

7.4 It is hereby agreed that the obligation to remit monies legally due and owing to the Xprizo Account holder shall not be affected by the provisions of this Clause. You as the Customer shall bear all risk and consequences of the inability to send or comply with any instruction sent using the service due to errors in transmission of his/her instructions.

7.5 Xprizo shall not be held liable for the quality of the service of the third party mobile money service provider and gives no warranty with respect to the quality of service by the third party mobile money service provider or any other service disruption as a result of associated third party service providers.

7.6 Xprizo shall not be held liable where an Xprizo account holder and/ or merchant and/ or agent inputs incorrect details and the payment transaction is made to the wrong recipient; incorrect transaction details are received; the transaction is suspicious or fraudulent resulting in losses to third parties; unforeseen circumstances and/ or legal process or other encumbrances restrict and/ or prevent the transfer and/ or execution of the transaction despite reasonable precautions.

8. Force Majeure

8.1 Neither Yourself nor Xprizo has responsibility or liability for any failure or delay in performance which results, directly or indirectly, in whole or in part, from any cause or circumstance beyond its control and/or reasonable contemplation including, without limitation, any of the following: acts of God, all forms of civil commotion/ disorder, fire, flood, explosion, earthquake, revolution, blockade, embargo, and undersea cable outage.

8.2 Failure of a Party to fulfill any of its obligations herein, shall not be deemed to be breach of, or default in, the performance of the Parties’ contractual obligations herein in so far as such inability or failure arises from an event of force majeure, and provided that the Party so affected has taken all reasonable precautions, due care and reasonable alternative measures, all with an intention to executing its obligations herein. A Party affected by an event of force majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations herein with minimal delay. The Parties shall take all measures to minimize the consequences of any occurrence in force majeure.

8.3 The Parties may extend the time within which any task and/or obligation herein may be done by their mutual consent or in the event of force majeure, for a period equal to the time during which such Party was unable to perform the objects of this Agreement as a result of force majeure.

8.4 For the avoidance of any doubt, force majeure shall not include the following:

a) Any event which is caused by the negligence or intentional action of a Party, or its agents, personnel or employees;

b) Any event in which a diligent party could reasonably have been expected to take both into consideration at the same time of the conclusion of this Agreement and avoid, or overcome in the performance of its obligations herein; and

c) Insufficiency of funds or failure to make any payment required herein

9. Termination

9.1 Xprizo reserves the right to terminate this agreement where there is breach of these terms and condition.

9.2 The grounds for termination of the Agreement may, inter alia, be based on the following:

9.2.1 Breach by you  of any of the obligations contained herein.

9.2.2 Corrupt, collusive or coercive practices

9.2.3 Fraud

9.2.4 Misrepresentation

9.2.5 Mistake which for purposes of this contract means an erroneous belief, at account creation or upon carrying out transaction, that certain facts are true.

9.2.6 Insolvency/ bankruptcy

9.2.7 Any other reason at the sole discretion of Xprizo.

9.3 Upon breach of any of the obligations under this Agreement, Xprizo shall automatically suspend your account pending investigations. Termination of your account may thereafter follow, following the outcome of the investigations. If capable of remedy, Xprizo shall have a period of five (5) working days within which to notify You of a period within which You must rectify the said breach (which period shall be agreeable to the You), failure of which the Agreement shall be terminated and Your account closed. Xprizo may however terminate your account at its sole discretion without the requirement to give any explanation if it is deemed to be in the interest of Xprizo to do so 

9.4 Upon expiry or termination of this Agreement, all rights and obligations accruing to the Parties herein shall cease.

9.5 You have the right to terminate your use of Xprizo services by closing your Xprizo account. You may close your Account at any time by calling or sending a whatsapp to the customer service number at +254 757 786037 or send an email to contact@xprizo.com. You shall be required to withdraw or use up all amounts in your Xprizo account prior to closing your Account.

9.6 Termination or closure of the Xprizo account shall be subject to the following terms:

9.6.1 Such rights and obligations which may have accrued to either or all Parties prior to the date of expiry or termination.

9.6.2 Any right accruing to either Party by operation of law herein prescribed.

9.6.3 Rights and obligations relating to balances in a Xprizo account and not remitted to the relevant party.

9.6.4 The parties shall ensure that by the end of the notice period, all collections are remitted to the relevant owner and that all accounts held are reconciled.

10. Dispute Resolution

In the event that a dispute arises between the Parties relating to this Agreement, the Parties shall resolve such dispute amicably between them within 30 (thirty) days of either Party sending a written notification to the other Parties of the existence of such dispute. If the Parties fail to resolve the dispute amicably within thirty (30) days, any party may refer the dispute for Arbitration. The language of the Arbitration shall be English.

11. Privacy

11.1 Xprizo may collect, retain, process, share and transfer your personal data when you create an account, use our services or visit our websites. Xprizo warrants that it complies with the relevant Data Protection laws and requirements and in which regard it will:

11.1.1 Process the Data collected only to enable the services provided under this contract and in accordance with the;

11.1.2 Maintain appropriate technical and organizational measures to protect against unauthorized or unlawful processing of the Data and against accidental loss or destruction of, or damage to, the Data;

11.1.3 Collect the data only for the purpose it is intended to provide the services and not disclose the Data to any third party without the prior written consent of the Client.

11.2 For purposes of our services we shall collect personal data including but not limited to your name, postal/emails and residential address/ financial records amongst others. We collect this information when you create an account with us or carry out a transaction on our platform. We may also collect personal data of persons to whom you may transfer money.

11.3 We retain personal data to enable us to provide and improve service quality, manage risk and fraud, as well as market and cross sell our services to you. You consent to the marketing of our services. You may opt out of marketing of our services by informing us of your wish via email or telephone. We may also use the information to provide specialized information purely geared to providing you with a good customer experience.

11.4 We shall notify You without undue delay upon becoming aware of a Personal Data Breach affecting your account, providing sufficient information to allow you to meet any reporting obligations under relevant Data Protection Laws applicable to You and your data.

11.5 We shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any third party who may have access to your  Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

12. General Provisions

12.1 Drafting: The rule of construction that the Agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement shall not apply.

12.2 Dormant & Inactive Accounts: An Xprizo wallet account shall be considered inactive where no transaction has been made on the account for a period of six months since the last transaction on the account. A transaction means any log into the account, deposit, withdrawal, balance inquiry check. Where an account becomes inactive and the owners cannot be traced, then Xprizo shall , after a period defined in the law, transfer the balance of the account to any government body if this is required in any jurisdiction Xprizo is operating in or a trust account operated by Xprizo. 

12.3 Anti-Money Laundering: Parties confirm that they shall Comply with all laws relating to Know Your Customer and due diligence Guidelines as well as Anti-Money Laundering, combating financing of terrorism and economic crimes laws as stipulated in statutory law, regulations and guidelines as shall be issued by the various regulatory bodies. Xprizo has implemented various system enhancements that identify suspicious transactions and activity on all Xprizo accounts. Xprizo shall have various due diligence requirements that a potential Account Holder shall have to meet to confirm the identity of the account holder. Customer Due Diligence shall mandate collection of certain identity details at registration upon which a risk classification shall occur. Account holders may be subjected to further due diligence requirements with which they shall have to comply in order to keep making use of Xprizo services. Further to this, Xprizo accounts are subjected to durational screen checks based on the risk classification. Where an account holder’s transactions raise suspicion, the account shall be temporarily suspended to mitigate losses or prevent criminal activity. Upon conclusion of investigation and if criminal activity is suspected or confirmed, then Xprizo shall close the offending account and the activities shall be reported to the relevant authorities in compliance to the law. All suspicious activities shall be reported to the relevant Financial Intelligence Unit (FIU) and all final reporting institutions as required by law.

12.4 Deceased persons’ accounts: Death of an Account holder shall automatically terminate this agreement. Balances in a deceased person’s account shall be transferred to the Successor or Manager upon production of documents required under your jurisdiction’s succession laws authorizing the person to manage the estate.

12.5 No Warranty: Xprizo services are provided “as is” and without any representation of warranty, whether express, implied or statutory. Xprizo, our affiliates, and the officers, directors, agents, joint ventures, employees and suppliers of Xprizo, specifically disclaim any implied warranties of title, fitness for a particular purpose and non-infringement. Xprizo does not have any control over the products or services that are paid for with the Xprizo Services and Xprizo cannot ensure that a Seller/ Supplier/ Service Provider you are dealing with will actually complete the transaction or is authorized to do so or shall supply the goods or service. Xprizo does not guarantee continuous, uninterrupted or secure access to any part of the Xprizo Services, and operation of our site may be interfered with by numerous factors outside of our control. Whenever you experience any issue, kindly contact our Customer Service Centers for assistance. The prices for the various products and services offered by our Agents are specified on the Website and are subject to change. It shall be your absolute duty to confirm details of the products you wish to pay for.

You shall not assign, in whole or in part, its obligations to perform under this Contract. Xprizo may assign this agreement

13. Indemnity

You agree to indemnify and hold Xprizo, its subsidiaries or affiliates, and their respective directors, officers, employees, and agents, harmless against all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from breach of these Terms and Conditions, any other related policy, your use or access of the Xprizo Account

Enquiries Email: contact@xprizo.com