1. General Provisions

1.1       These General Terms and Conditions govern the legal relationship between You as an individual or legal entity and the company Jamii-Exchange, who is the provider of payment and exchange services under the business name Jamii-Exchange (“Jamii-Exchange“, „We“, „Us“ or „Our“).

1.2       By entering into the Terms You confirm:

1. That prior to entering into the Terms, We have provided You online on Our website https://jamii-exchange.com with these General Terms and Conditions;

2. That You have carefully read and fully understood these General Terms and Conditions at Our website https://jamii-exchange.com to confirm the validity of Your personal and other information provided to Us by You and Your agreement with the Terms;

3. Your agreement according to which Jamii-Exchange is entitled to provide Services to You according to the Terms;

4. That You have provided Us with the documents, photos, and data that We will reasonably require from You to comply with Our legal obligations.

1.3       By entering into the Terms You agree that You have provided Us with valid information to open Jamii-Exchange Account. You agree to notify Us immediately if you change your data. You agree and acknowledge that You are responsible for any possible damage or loss that can arise from any invalid, incorrect or improper data.

2. Jamii-Exchange Payment Services

2.1       Jamii-Exchange shall provide You with exchange and payment services through the created Jamii-Exchange Account.

2.2       Under the Terms We undertake to execute transfers of funds and cryptocurrencies to and from Your Jamii-Exchange Account. For the purposes of the Terms, a cryptocurrency shall be understood as electronically conserved units regardless of whether they have an issuing entity, which do not qualify as funds, but which are accepted as payment for goods and services even by a person/entity different from its issuer.

2.3       The payment transactions will be executed by Us in compliance with the rules and within the execution times set (Payment Order and Execution Times).

2.4       The main currency of trade on Jamii exchange is United States Dollars (USD). All currency conversions are made against the United States Dollar (USD)

2.5       For the Democratic Republic of Congo We make trade settlement in the USD currency depending on the availability and market rate. In cases where the USD is not available, settlement will be made in the local currency – CDF at current market exchange rate. For other supported countries, Payments of orders will be made in the local fiat currency, that is for any order placed in the local currency, it will be settled in the local currency.

2.6       Jamii exchange is not a WALLET where you can store your funds, it is an exchange portal where trades are made. Ensure to provide the correct details for the virtual or crypto wallets, mobile money numbers, bank account details in which trades are to be settled. Jamii exchange shall not be liable for any wrong information provided. 

3. Jamii-Exchange Account

3.1       Jamii-Exchange Account qualifies as a payment account and You are authorized to use the Jamii-Exchange Account to execute payment transactions in compliance with these Terms and conditions. Only You are authorized to transact with the Jamii-Exchange Account. Other person than You may not transact with the Jamii-Exchange Account. Make sure no third party uses your account, and Jamii-exchange will not be responsible for any losses made from third party users.

3.2       By entering into the Terms You agree that the Jamii-Exchange platform is developed and supported in English or French and that it is convenient and understandable for you to Use the Jamii-Exchange in English and French. If You have any questions, please contact Us and We will provide You with instructions and explanations on using the Jamii-Exchange platform.

3.3       You undertake to transact on Your Jamii-Exchange Account with legally obtained funds and You undertake to provide Us with all necessary information about any transactions on Your Account upon Our request. You acknowledge that We will not be supporting, performing, engaging in, aiding, or abetting any unlawful activity through use of Your Jamii-Exchange Account. You are obliged not to use Your Jamii-Exchange Account for illegal purposes, including money laundering of criminal proceeds, transfers or receipts of payment for planning, preparation or commitment of crime, for financing terrorism and illegal trade. You will not use Your Jamii-Exchange Account for any purpose prohibited by these Terms or by law or in any manner that could damage, disable, overburden, or impair Us.

3.4       You confirm that Information provided by You is true, complete and ac- curate and undertake to immediately notify Us in writing of any change in the information provided by You. You undertake to immediately notify Us in writing of any intentions to perform transactions on behalf of the third persons in Your Jamii-Exchange Account. You confirm that You are the owner of the funds transcated in Your Jamii-Exchange Account, as well as You are not performing any transactions on behalf of the third persons in Your Jamii-Exchange Account.

3.5       The User is aware that He is entitled to perform only own operations in the Jamii-Exchange Account (not entitled to use the Jamii-Exchange Account for third parties or for the performance of transactions on behalf of third parties).

3.6       In the event that Jamii-Exchange has  determined that You have violated these present provisions specified in Clause 3.4 and 3.5, Jamii-Exchange is entitled to immediately discontinue the provision of services and close the Jamii-Exchange Account without any refund regarding any ongoing transaction. 

4. Jamii-Exchange Platform

4.1       Jamii-Exchange is an exchange instrument, you can use the Jamii-Exchange platform in order to initiate exchange payment orders to Us. When using the Jamii-Exchange platform, you agree to comply with rules and conditions for use set down in these Terms.

4.2       It is agreed between You and Us that We have the right to block Your Jamii-Exchange Account for reasons relating to the security of the Jamii-Exchange platform, in particular if there is a suspicion of illegal, unauthorised or fraudulent use of the Jamii-Exchange platform. In such case We will inform You in any manner agreed preferably by electronic mail or via telephone or, if possible, through the Jamii-Exchange platform) of the blocking of the Jamii-Exchange account and the reasons for it, where possible, before the Jamii-Exchange Account is blocked and at the latest immediately thereafter, unless providing of such information would compromise security reasons or is prohibited by relevant law.

4.3       Your access to the Jamii-Exchange platform may also be limited or restricted if such limitation or restriction will arise from the applicable laws or from orders of public authorities (for example by an injunction in criminal proceeding).

4.4       We will unblock the Jamii-Exchange Account once the reasons for blocking no longer exist.

4.5       When using the Jamii-Exchange platform, the Jamii-Exchange User shall:

1.Maintain and protect the electronic device where the Jamii-Exchange platform is acessed;

2. Keep confidential their login details, their personal data required to login and operate their Jamii-Exchange Account and other data used to access their Jamii-Exchange Account and immediately change them if anything of the above is compromised;

3. Notify Us or the entity specified by Us without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of their Jamii-Exchange Account.

4.6       You may make a notification of loss, theft, misappropriation or unautho- rised use of the Jamii-Exchange Account, or request unblocking of the Jamii-Exchange Account at any time via e-mail: info@jamii-exchange.com.

4.7       As the issuer of the Jamii-Exchange platform, Jamii-Exchange shall:

1. Make sure that Your personalised security credentials for the Jamii-Exchange Account are not accessible to parties other than You;

2. Prevent all use of the Jamii-Exchange Account once notification of loss, theft, misappropriation or unauthorised use of the Jamii-Exchange account details has been made.

4.8       Jamii-Exchange User shall be notified of any authorized payments through the Jamii-Exchange platform or other communications according to the Jamii-Exchange User‘s instructions. 

4.9       Jamii-Exchange agrees that all information received by Jamii-Exchange from You related to the provision of the Services shall be confidential and stored accordance with legal requirements related to the protection of personal data and privacy.

5. Payment Order and Execution Times

5.1       The payment transaction is authorized if You give Us Your consent with it.

By agreeing to the terms and conditions you give us your consent.

5.2       You shall give your consent to execute any payment transactions (payment authorisation) prior to its execution by agreeing to terms and condition on the order page.

5.3       If You are the payer of the payment transaction, the following execution times will apply:

1. Our payment time is within 30 minutes after confirming and verifying payment. They maybe a delay based on the pending orders and working hours, payments made after working hours will be settled then next day unless agreed otherwise hereinafter, We will ensure that the amount of the payment transaction will be credited to your specified account by the end of the business day following the time of the payment order received;
2. Payment will be made according to the first come, first served basis;
3. All exchanges carried out in disregard of the Jamii Exchange system payment gateways shall be considered null and void;
4. Any exchanges made through by passing the Jamii Exchange system shall not be honored or paid

1.5       If You are the payee of the payment transaction, We will ensure that the amount of the payment transaction is credited to Your Jamii-Exchange Account within 30 minutes after it has been credited to Our account.

1.6       Working Hours; Normal are 8am to 5pm GMT+1. Trades made after this time will be served subject to the available agents and on the first come first served basis

6. Charges and Fees

6.1       Jamii-Exchange User shall pay charges and fees for the Services provided by Us. The user shall ensure to settle the full amount reflected on the exchange order.

6.2       All applicable fees and charges payable to Us will be deducted from Your Jamii-Exchange order. Jamii exchange fees are included in the fees reflected in all exchange orders.

6.3       Charge backs; There are No charge backs allowed on all completed transactions / trades. Any Charge backs / reversals initiated will serve as a violation of these terms and conditions. Initiating a charge back on an already completed transaction qualifies for immediate termination of the violating account.

6.4       Jamii-Exchange agrees to pay the due amount in the currency purchased and the processing fees of any orders placed and processed on the platform. 

7. Communication with Jamii-Exchange

7.1       These Terms – the framework agreement on provision of payment services – are entered into in English and French language. We will communicate with You and provide You with contractual conditions and other information in English, unless agreed otherwise, by the following means:

1. Via the Jamii-Exchange Web Platform;
2. Via electronic   mail;  You   can   contact   us   via   e-mail   address: info@jamii-exchange.com;

7.2       You hereby express Your consent to receive all notifications sent by Us in relation to Jamii-Exchange Services in electronic form. We shall send all notifications by their posting in the Jamii-Exchange platform or through your e-mail address.

7.3       You are responsible for accessing Your Jamii-Exchange Account on a regular basis and for regular control of Your Jamii-Exchange Account, Our website and Your main e-mail address and opening and viewing notifications, which We will send through these channels.

7.4       We may contact You from time to time to notify of any changes or dis- close information related to Your Jamii-Exchange Account. You shall be responsible for carrying out regular checks of Your Jamii-Exchange Account and keeping all Your contact details stored in Your Jamii-Exchange profile up to date. Subject to these Terms, you may contact us via e-mail address info@jamii-exchange.com 

8. Rectification of Cancelled Payment Transactions

Rectification of cancelled Payment Transactions

8.1       In the case of a cancelled payment transaction, We charge you a percentage of the transaction of the amount of the cancelled payment transaction, following Us being notified of the unauthorized payment transaction, except where We have reasonable grounds for suspecting fraud and communicate those grounds to the the relevant authorities in writing.

8.2       You are obliged to bear the losses relating to unauthorized payment transactions:

Common  Provisions  Relating  to  Unauthorized  and  Incorrectly  Executed Payment Transactions

8.3       If You claim that You have not authorized already executed payment transaction or that the payment transaction has been executed incorrectly, We will give evidence that this payment transaction has been authenticated, correctly recorded, accounted for and that is has not been affected by technical defect or other malfunction.

8.4       Your right arising from unauthorized or incorrectly executed payment transaction does not exclude Your right to claim damages or unjust en- richment. However, what can be obtained from Us by asserting a right arising from an unauthorised or incorrectly executed payment transaction, cannot be claimed on any other legal grounds.

8.5       If You fail to notify Us of an unauthorised or incorrectly executed payment transaction in time and if We invoke late notification, a court or another competent authority shall not grant You the right to rectification of an unauthorised or incorrectly executed payment transaction.

8.6       If a circumstance which is unusual, unforeseeable, independent of Our will and whose consequences could not have been avoided by Us, has prevented the fulfilment of Our duty relating to execution times for payment transactions or to rectification of unauthorized and incorrectly executed payment transactions, We are not liable for the failure to fulfil this duty.

9. Effective Date and Term of Our Agreement

9.1       The contractual relations between the Jamii-Exchange User and Jamii-Exchange under these Terms shall become effective when We have verified the required evidence documents from You and We confirm to You that We agree with entering into these Terms with You.

9.2       The agreement between You and Us under these Terms is for an indefinite term.

9.3       Jamii-Exchange shall perform the Jamii-Exchange User due diligence as required by applicable law and/or internal procedures established by Jamii-Exchange. Jamii-Exchange is entitled to request information (including but not limited to documents) from the Jamii-Exchange User in order to perform the Jamii-Exchange User due diligence under the applicable law and/or internal procedures established by Jamii-Exchange and the Jamii-Exchange User undertakes to provide the requested information in the form and within the time period indicated by Jamii-Exchange.

10. Identity Verification - KYC

10.1     You hereby consent to collaborate with Us in all events when We or any third service provider is obligated under relevant laws to check or verify your identity or the identity of any other users of the Jamii-Exchange platform and validate your financial sources or Jamii-Exchange transactions. Such requests/applications may include a request to disclose more detailed information to Jamii-Exchange for adequate identification of you or any other Jamii-Exchange users, including the verification of your information in the third party‘s databases or any other sources. To enable you to use all available functions, Jamii-Exchange may request that Jamii-Exchange Users to provide any additional information.

10.2     We reserve the right to block, suspend or limit your access to Your Jamii-Exchange Account and/or other Jamii-Exchange services if We fail to obtain or verify such additional information. 

10.3     Provided compliance with confidentiality obligations, We may verify both information disclosed by You and information related to You and Jamii-Exchange App users obtained from Our search or provided by the third parties from any non-public databases. By consenting to these Terms, you agree that We or any authorized third party may carry out such verification.

10.4     We shall ensure that all data in your Jamii-Exchange Account are always exact and valid. If We suspect that your data are outdated or incomplete, We are entitled to contact You and request that You pass verification one more time. In this event, We may suspend or restrict Your access to Jamii-Exchange Account .We shall not be liable for any losses caused by Your failure to promptly update Your data. 

11. Security

11.1     As a Jamii-Exchange User, You shall make your best efforts to:

1. Maintain the security of your login/username and password to the Jamii-Exchange platform; and

2. Prevent unauthorized access to Your Jamii-Exchange Account.

11.2     Every Jamii-Exchange User shall:

1. Logout from Jamii-Exchange Account every time they leave the device they use for Jamii-Exchange;

2. Not record or disclose their login/username or password;

3. Change their password regularly;

4. If you receive any SMS text or e-mail or questionnaire from any poll or any other link that requires you to disclose your password, you shall keep it secret and immediately contact our support office through Jamii-Exchange Platform;

5. Ensure that a device used for our communication is protected and kept so as to allow access only to the Jamii-Exchange User because email and mobile phone may be used for password reset; or

6. Do not disclose data related to the security of Jamii-Exchange platform; if there are any suspicions that a password is lost or stolen or became known to an unauthorized person, You shall advise the Jamii-Exchange support service thereof immediately.

7. Always ensure that login data are securely stored in a browser and not available for replicating in any other way;

8. Not use such function that can enable the recording of the username/password on such devices that the User uses to access Jamii-Exchange.

11.3     If You become aware of any abuse, theft or unauthorized use of a user- name, password,or any other actions, which seem suspicious to You, You must contact the support services through Jamii-Exchange platform. If You suspect any offense, We recommend that You simultaneously report it to criminal authorities. 

12. Limitations on Jamii-Exchange Services

12.1     It is prohibited to:

1. Use Jamii-Exchange services for any illegal purpose, including but not limited to, the following: fraud and money laundering, illegal transactions in sexual materials or services, forged goods, gambling, sale and purchase or facilitating sale and purchase of any illegal goods and services, the financing of terrorist organizations, illegal sale or purchase of tobacco, weapons, prescription medicines, and any other controlled or prohibited substances. Jamii-Exchange shall report any suspicious activities and cooperate with all relevant law enforcement and regulatory bodies.

2. Use Jamii-Exchange services for abuse, operation, and bypass any restrictions imposed by a business in relation to their services or to obtain any goods or services without payment of due amounts in full or in part.

3 Violate these Terms and any other regulations or rules agreed upon with Jamii-Exchange.

4. Use Jamii-Exchange services to violate laws, regulations, orders, and judgments.

5. Infringe copyright, patents, trademarks, trade secrets or any other in- tellectual property rights, publicity right or privacy rights of Jamii-Exchange or any third persons.

6. Act by using Jamii-Exchange services in any discrediting, libellous, intimidating, or molesting manner.

7. Disclose misleading, incorrect or fake information.

8. Order Us to transfer or accept on Your behalf money that we reason- ably believe to be obtained in an allegedly illegal way.

9. Refuse to cooperate with any investigation or refuse to provide identification documents or information that You failed to disclose.

10. Manage a Jamii-Exchange Account that is allegedly involved in the above-mentioned activities.

 11. Perform any actions that can unreasonably or excessively overburden our infrastructure; facilitate any viruses, trojan horse, worms or oth- er software that can damage, have unfavourable effects on, secretly listen to or steal any information system, data or information; run anonymized proxy servers; use any robots, spiders or other automated or manual devices to track or copy our websites without our prior written consent; interfere or attempt to interfere with Jamii-Exchange services.

12. Perform any actions with can cause any loss of service of our online service providers, payment processors or any other vendors. 

13. Annoy Our employees, trade representatives or any other Jamii-Exchange users.

14. Refuse to cooperate with any investigation or refuse to provide identification documents or information that you failed to disclose.

15. Use Jamii-Exchange services in any way that we believe violates some of the relevant electronic payment rules, payment system or network rules or the relevant regulations.

16. Refuse or fail to disclose any detailed information related to You or Your business, which We may reasonably request.

17. Disclose Your personal password to any person or use a personal password of any other person.

12.2     If Jamii-Exchange at its own discretion believes that You could breach this article, We may make efforts to protect ourselves, other Jamii-Exchange users and any third parties. Such efforts may include, but not be limited to the following:

1. Update incorrect information provided by You.

2. Take the relevant legal steps.

3. Terminate our contractual relations or Your access to the website.

4. Cancel the Jamii-Exchange transaction in full or in part.

12.3     If possible, Jamii-Exchange shall disclose information related to the relevant efforts unless We are prohibited from doing this under the relevant legal regulations, which prohibit the disclosure of confidential information of the third party or interference with the investigation.

13. General Liability

13.1     As a Jamii-Exchange User hereunder You shall be liable for Your actions and omissions. You shall be also liable for all obligations, liabilities or any other responsibilities related to Jamii-Exchange, Jamii-Exchange users or the third party due to the breach of these Terms by the reason of using Your Jamii-Exchange services and Your Jamii-Exchange Account. We agree that You shall indemnify Jamii-Exchange, Jamii-Exchange users or the third party for all liabilities as provided by law.

13.2     You shall be responsible for Your understanding and compliance with all laws, rules, and regulations within Your specific jurisdictions, which are related to Your use of Jamii-Exchange services.

13.3     To the extent that applicable law permits, Jamii-Exchange shall not be liable and You agree that You will not hold it liable for any damages or losses (including but not limited to, the loss of money, goodwill or reputation, profits, and any other intangible losses and any exceptional, indirect or consequential damages) directly or indirectly resulting from:

1.Activities of Jamii-Exchange users based on your orders according to these Terms and any limitations imposed by Jamii-Exchange.

2. Actions or omissions of the third parties,

3. Suspensions or any other steps made in relation to your Jamii-Exchange Account,

4. Illegal steps and operations of the third parties made by the use of fake and/ or illegal documents or data obtained illegally.

1. Cancellation of Your Jamii-Exchange Account

14.1     Your Jamii-Exchange Account shall be cancelled after the termination of these terms of use.

15. Amendments to These Terms

15.1     We may propose to You at any time an amendment to these General Terms and Conditions.

15.2     It is agreed between You and Us that it shall be deemed that You have accepted Our proposal for an amendment to these Terms:

16. Termination

16.1     It is agreed that We may terminate these Terms at Our own discretion at any time.

16.2     You may terminate these Terms at Your own discretion at any time.

16.3     No termination of these Terms shall affect any of Your rights or obligations that arose before the date of termination and shall survive such termination due to their features.

16.4     If you are in breach of these Terms (including the breach of your obligation to repay all outstanding debts), we may terminate these Terms in accordance with the above provisions and/or:

1. Suspend your use of the Jamii-Exchange Services (in full or in part),

2. Report any Jamii-Exchange transaction or any other relevant information about You and Your use of Jamii-Exchange services to the relevant regulatory or law enforcement authority and/or ministry; and/or

3. Claim damages from You.

• Miscellaneous and Final Provisions

17.1     If We fail to exercise any right following from these Terms or the relevant regulations, this shall not mean Our waiver thereof.

17.2     If any provision of these Terms is held invalid or ineffective, the invalidity or ineffectiveness thereof shall not impair the validity of other provisions of these Terms and all remaining provisions, which such invalidity or ineffectiveness does not relate to, shall remain valid and effective to full extent.

17.3     Unless the context requires otherwise, all words in the singular shall include the plural and vice versa.

17.4     Unless the context requires otherwise, one gender shall include all other genders.

17.5     These Terms shall be binding on and injure to and for the benefit of the parties to this agreement and their possible successors, heirs, and permitted assignees and any reference to either party hereto shall include such personal representatives, successors, and permitted assignees of such party.

17.6     Any reference to a provision of law or regulation shall refer to their latest version, advanced version or newly adopted version.

17.7     Any reference to a written form shall include also e-mail and special features of the Jamii-Exchange platform.

17.8     Any obligation of either party hereto to avoid doing something shall include its obligation to prevent doing something.

17.9     Any reference to these Terms or any other agreement or document referred by these Terms shall be a reference to these Terms or any other agreement or document as may be amended and restated from time to time (in any case, there is no breach of these Terms).

17.10   Any words used after the expressions “including”, “in particular” or any similar words shall be interpreted to be illustrative without limiting the meaning of words, descriptions, definitions, phrases or terms preceding such terms.

17.11   Any words used after the expressions “including”, “in particular” or any similar words shall be interpreted to be illustrative without limiting the meaning of words, descriptions, definitions, phrases or terms preceding such terms.

17.12   Any words used after the expressions “including”, “in particular” or any similar words shall be interpreted to be illustrative without limiting the meaning of words, descriptions, definitions, phrases or terms preceding such terms.

17.13   Any attachments hereto shall be an integral part of these Terms where You and Paymaster express your consent with the use of specific services as they are defined in such attachments.

17.14   These Terms shall enter into effect on 28.07.2022. and supersede the previous General Terms and Conditions.

18. DISCLAIMER

Jamii-Exchange is not responsible with what you are doing with currency you purchase from us. We don’t offer any guarantee or financial advice or how to use the currency exchange. The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. Jamii Exchange does not recommend that any cryptocurrency should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.