Terms of Use
We appreciate your interest in FlexyBank, a service offered by Flexy Group. These terms of use (“Terms of Use” or “Terms”) are a legally binding contract between you and FlexyBank. It governs your use of FlexyBank’s e-payment and mobile banking services and other services provided by FlexyBank (Collectively Flexy Services). In these Terms of Use, “FlexyBank”, “we”, “us”, or “our” means FlexyBank and any reference to “you” or “yours” refers to you.
Who can use it: You must be a citizen or resident of an African country and are able to transact in any of the local currencies. You must be at least 16 years old and have a mobile/fixed phone number duly registered under your name or a bank account in your country of resident, state, or province to use FlexyBank.
Please read these terms of use and our privacy policy carefully. By proceeding to click on any action button on the FlexyBank App or Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you are not eligible to use the FlexyBank Services or you do not agree to the Terms, then do not use FlexyBank’s Services.
1. About FlexyBank
FlexyBank’s Services are provided to individual users, merchants, and institutions. FlexyBank is a payments platform that removes banks and card providers from the equation. With FlexyBank, you can do things like peer-to-peer payments, transfer money for purchases of goods and services and buy things through an authorized merchant by using a QR Code.
2. Opening a FlexyBank Account
- To register for a FlexyBank account, you are required to fully identify yourself. We will request your full name, date of birth, email, telephone number along with a valid government issued (ID) Identification document.
- You are only allowed to have one personal FlexyBank account. To create a personal account, you must be a citizen of any of the African countries or resident of Africa, be at least 16 years old and have a mobile or fixed phone account registered under your name. We will conduct customer due diligence on you in accordance with the laws of the country in which you are a citizen or reside.
3. Adding money to your account
Depending on the currency and legal jurisdiction where your account is created, you may add money to your FlexyBank e-wallet through:
- Bank Transfer
- A FlexyBank local agent
- A FlexyBank’s authorized merchants
- Your PayPal account
To top up your FlexyBank account using PayPal, your FlexyBank account must first be verified. Additionally, the name associated with your FlexyBank account must match the name on your PayPal account. This verification and name matching are necessary to ensure the security and accuracy of transactions between FlexyBank and PayPal. Any discrepancies between the names or an unverified account may result in the inability to complete the top-up transaction.
- Mobile Money Transfer
- A participating local financial institution (Micro-finance institutions, or other authorized partners).
4. Holding Money in Your FlexyBank Account
At any given time, FlexyBank holds your money on bare trust, on your behalf until you instruct us to:
- Transfer money to a seller or other third-party using FlexyBank; or
- transfer money from your wallet into your nominated bank account (subject to service availability).
- Your money may be held in a pooled account along with the money of other FlexyBank users.
- No interest will be payable to you in relation to your money in our custody.
- We may hold payments for longer periods at our reasonable discretion, such as to minimize fraud risk, where necessary due to circumstances beyond our reasonable control, or to await the conclusion of a dispute.
- If you have not used FlexyBank for a period of 12 months and you still have money in your wallet, we will notify you via your registered email address, phone number and/or other contact details. If you do not use FlexyBank within 6 months after FlexyBank had served such notice, we may close your account and repay your funds. Any funds we are unable to repay will be dealt with in accordance with applicable in your country, province, or state.
5. Closing your FlexyBank Account
- You may close your account and terminate your relationship with us at any time.
- You must transfer any money from your FlexyBank account before closing it.
- Transferring money from your wallet into your nominated bank account will incur a withdrawal fee on the amount transferred (See our fee structure on https://flexybank.com/fees)
- You will remain liable for all obligations related to your FlexyBank account even after your account is closed.
- In certain cases, you may not close your FlexyBank account, including:
- To evade an investigation.
- If you have an open dispute or claim.
- If you owe amounts to FlexyBank.
6. FlexyBank Account balances
FlexyBank does not permit negative balances.
7. Making Payments
- Personal Payments
- You can send money to, or request money from, another person with a FlexyBank account (“peer-to-peer/P2P payments”).
- Depending on your local laws, we may, at our discretion, impose limits on the amount of money you can send, including money you send to such other people, and the frequency of such payments, and may also impose limits on the amount which can be held in your FlexyBank account.
8. Fees
- When money is transferred from your FlexyBank account to other financial institution or your bank account, for any reason, you will be charged fee.
- Fees and limits may change from time to time in our sole discretion. Please keep an eye on our latest fees.
9. Buying something
- An “authorized merchant” means a merchant that has been authorized by FlexyBank to accept FlexyBank as a payment method for purchases of goods and services through the merchant’s website, mobile app, or in-person by using a FlexyBank QR code. This includes, for example, buying something from an authorized merchant by using a FlexyBank’s QR code.
- We review payments you make at our discretion. When we identify a potentially high-risk payment to an authorized merchant, we review the transaction more closely before allowing it to proceed.
10. Refunds for transactions
FlexyBank does not offer refunds for transactions. These are at the discretion of the authorized merchant.
11. Restricted activities
Actions FlexyBank may take During the course of your interactions with us, other customers, or third parties, you must not:
- Breach these terms of use and the privacy policy, or any other agreement between you and FlexyBank, or any laws and regulations within your local jurisdiction.
- Misuse our or any third party’s intellectual property rights, or privacy.
- Create or control more than one personal account for yourself without our express authorization.
- Act in a manner that is defamatory, threatening or harassing.
- Provide false, inaccurate, or misleading information.
- Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to FlexyBank.
- Control an account that is linked to another account that has engaged in any of these restricted activities.
- Interfere or disrupt or attempt to interfere with or disrupt our websites, software, or other systems belonging to FlexyBank.
- Circumvent any of our policies or determinations about your FlexyBank account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional FlexyBank account(s) when you have amounts owed to us or when your FlexyBank account has been restricted, suspended or otherwise limited; opening new or additional FlexyBank accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s FlexyBank account; or
- harass and/or threaten our employees, agents, or other users.
12. If you owe FlexyBank money
If for any reason you owe us money, you must pay it to us on demand, together with any costs we might incur in recovering such amounts due from you.
13. Communications between you and FlexyBank
To contact FlexyBank, please direct all communications to: contact@flexybank.com or WhatsApp us at: +1 (514) 612-0506.
14. Our Rights
- Our suspension and termination rights: FlexyBank, in its sole discretion, reserve the right to suspend or terminate these Terms of use, access to or use of our platform upon notice to you. Nothing in this clause shall prevent you from transferring your funds into your nominated bank account.
- Security Interest: As security for the performance of your obligations under these terms of use, you grant to us a lien on, and security interest in and to, money in your FlexyBank account and any other funds held in our possession.
- No waiver: Our failure to act with respect to a breach of any of your obligations under these terms and conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.
15. Warranty and Indemnity
- You indemnify FlexyBank for actions related to your FlexyBank account and your use of the FlexyBank services.
- You agree to defend, indemnify and hold FlexyBank harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of these user terms, your improper use of the FlexyBank services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your FlexyBank account.
16. Limitation of Liability
- Nothing in these terms of use is intended to have the effect of restricting or modifying your rights as a consumer within the jurisdiction where your FlexyBank account is created.
- Other than our responsibilities stated above, or in relation to loss or damage you suffer resulting from our gross negligence or willful default, we do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from your use of FlexyBank.
17. No Warranty
- FlexyBank services are provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- We do not have any control over the products or services provided by authorized merchants who accept Flexy Pay as a payment method, and we cannot ensure that a FlexyBank user or a seller you are dealing with will actually complete the transaction or is authorized to do so.
- We do not guarantee continuous, uninterrupted, or secure access to any part of the FlexyBank’s services, and operation of our website or platform.
18. Your Release of FlexyBank
- If you have a dispute with any other FlexyBank account holder including any authorized merchant, you release us from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favors at the time of agreeing to this release.
19. Intellectual Property
- “FlexyBank” and all logos related to the FlexyBank services are either trademarks or registered trademarks of FlexyBank or FlexyBank’s licensors.
- All rights, title and interest (including any and all intellectual property rights) in and to the FlexyBank service, any content thereon, and any new intellectual property rights relating to the FlexyBank service, or any derivatives of the foregoing created now or in the future is the exclusive property of and vests automatically on creation in FLEXY GROUP SA and its licensors.
20. Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
21. Cloud based
FlexyBank is a cloud-based platform
- FlexyBank is only a payment service provider
- We act as a payment service provider only. We do not:
- Act as an escrow agent with respect to any money sent to you on FlexyBank that has not been transferred.
- Enter into a partnership, joint venture or employment relationship with you.
- Guarantee the identity of any user or seller.
- Determine if you are liable for any taxes; or
- Collect or pay any taxes that may arise from your use of our services.
22. Customer Support
We do everything in our capacity to answer your questions and provide you with all types of support. We will respond within 24 hours depending on your time zone. Support can be reached at contact@flexybank.com or our WhatsApp number: +1 (514) 612-0506.
23. Taxes and Information Reporting
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, or that are marked as for goods and services, and it is solely your responsibility to assess, collect, report, and remit the correct taxes to the appropriate authority. FlexyBank is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting, or remitting taxes arising from any transaction.
24. Holds
- Under certain circumstances, in order to protect FlexyBank’s security and integrity, FlexyBank may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your FlexyBank account, including any associated authorized merchant account.
- Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of FlexyBank, our customers and/or authorized merchants. We may use proprietary fraud and risk modelling when assessing the risk associated with your FlexyBank’s account. In addition, we may be restricted by regulation or a governmental authority in your jurisdiction from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
- When FlexyBank places a temporary hold on a transaction, the money is not available to either the sender or the recipient. FlexyBank reviews many factors before placing a hold on a transaction, including account tenure, transaction activity, and past disputes.
25. Account Limitations
- Limitations may be placed on your account to help protect FlexyBank and FlexyBank users when we notice restricted activities or activity that appears to be unusual or suspicious. There are several reasons why your FlexyBank account could be limited, including (without limitation):
- if we suspect that you are trading in illegal goods and/or services, we will limit your account and follow all legal reporting obligations.
- if we suspect someone could be using your FlexyBank account without your knowledge.
- if we reasonably believe you have breached this agreement; and
- to comply with the laws of your legal jurisdiction.
26. Dispute resolution process
Disputes will be resolved through the competent authorities of your country, province, or state an approved financial dispute resolution scheme that FlexyBank shall elected to use.
27. Anti-money laundering
You agree to provide any information we require in order to manage our anti-money laundering and countering financing of terrorism obligations. You agree that we may refuse to establish a relationship with you or may be required to stop or suspend providing FlexyBank’s services to you, if you fail to provide this information to us in the timeframe we specify.
28. Communications between You and FlexyBank
By using the App, you acknowledge and agree that FlexyBank, including our affiliates, may send you marketing and promotional communications and notifications in relation to FlexyBank’s services. You can opt out at any time by notifying us at contact@flexybank.com or by clicking the unsubscribe function included in our marketing communications.
29. Amendments
FlexyBank may amend these terms of use from time to time without prior notice. The amended versions shall be effective as from the moment when it is posted on the FlexyBank website, unless otherwise stated. By continuing to use FlexyBank after any changes to these amended terms of use become effective, you agree to abide and be bound by those amendments. If you do not agree with any changes to these terms of use, you may stop using your FlexyBank account.
Last updated: August 2024.