Terms and conditions

1. About these terms

1.1 These terms and conditions ("Terms") are issued by Tayant Pay Technologies Limited, a company incorporated in the Republic of Zambia under company number 120230058478, TPIN 2002176841, with its registered office at Sunshare Tower, 9th Floor, Plot 15585, Olympia, 1 Katima Mulilo Road, Lusaka ("TayantPay", "we", "us", "our").

1.2 They apply to everyone who visits tayantpay.com, uses a TayantPay website, mobile application, platform, wallet, payment or booking service ("Digital Services"), or buys, hires or receives goods or services from us ("Customer", "you").

1.3 These Terms are structured in parts. Sections 1 to 8 apply to the website and our Digital Services. Sections 9 to 13 apply to goods, rental, software, support and project works. Sections 14 to 24 apply to everything.

1.4 A particular product may have its own additional terms, and an engagement may be governed by a signed contract, purchase order, tender award or service-level agreement ("Contract"). Where these conflict, the order of priority is: (a) a signed Contract; (b) product-specific terms; (c) these Terms. For public-sector engagements, the conditions of contract issued under the Public Procurement Act take precedence over these Terms to the extent of any inconsistency.

1.5 By using a Digital Service, accepting a quotation, placing an order or making a payment, you accept these Terms. If you act on behalf of an organisation, you confirm you are authorised to bind it.

1.6 Nothing in these Terms excludes or limits any right you have as a consumer under the Competition and Consumer Protection Act No. 24 of 2010 or any other law that cannot lawfully be excluded.

2. Definitions

• Account: a registered profile that gives access to a Digital Service.
• Payment Partner: a bank, mobile-money operator, card scheme, payment service provider or other licensed institution through which funds are collected, held, transferred or settled.
• Transaction: any payment, transfer, top-up, withdrawal, collection, disbursement, booking, purchase or exchange instructed through a Digital Service.
• Deliverables: goods, devices, software, documentation, reports or works we supply under a Contract or order.
• Business Day: Monday to Friday, excluding public holidays in Zambia.

3. Use of this website

3.1 Content on this website is provided for general information about our company and capabilities. It is not an offer capable of acceptance; prices, specifications and availability are confirmed only in a written quotation.

3.2 You may view, download and print pages and published documents for the purpose of evaluating or doing business with TayantPay, including for tender evaluation and supplier due diligence. You may not copy, reproduce, republish or commercially exploit our content, branding or photography without written permission.

3.3 You must not attempt to gain unauthorised access to this website, its server or any restricted area; introduce malicious code; scrape it at a rate that degrades service; or use the contact form to send unsolicited marketing or unlawful content. Such conduct may be an offence under the cyber laws of Zambia and will be reported.

3.4 Links to third-party websites are provided for convenience. We do not control and are not responsible for their content or practices.

4. Accounts and identity verification

4.1 To use certain Digital Services you must register an Account. You must be at least 18 years old, or the age of majority where you live, and have legal capacity to enter into a contract. Businesses must be lawfully registered.

4.2 You must give accurate, current and complete information, and update it promptly when it changes. You may hold only the Accounts we permit, and only in your own name or the name of the organisation you represent.

4.3 To meet our obligations under the Financial Intelligence Centre Act No. 46 of 2010, the National Payment Systems Act No. 1 of 2007 and related directives, we and our Payment Partners carry out customer due diligence ("Know Your Customer"). This may include verifying your national registration card, passport or company documents, a selfie or liveness check, proof of address, source of funds and, for businesses, details of directors and beneficial owners. We may refuse, limit or delay an Account or Transaction until verification is complete.

4.4 Transaction and balance limits apply according to your verification level and the requirements of the Bank of Zambia and our Payment Partners. Current limits are shown in the relevant product.

4.5 You are responsible for all activity carried out under your Account using your credentials, except as provided in section 7.

5. Digital payment, wallet and transaction services

5.1 Regulated services. Where a Digital Service is a regulated payment service, it is provided under the applicable authorisation held by TayantPay or by the licensed Payment Partner through which the service operates. The relevant product identifies the institution responsible.

5.2 Customer funds. Funds you load into a wallet or that are collected on your behalf are held with licensed Payment Partners and are kept separate from TayantPay's own operating funds. Wallet balances are not bank deposits, do not earn interest unless a product expressly says so, and are not covered by deposit insurance unless the law provides otherwise. We do not use customer funds for our own purposes.

5.3 Instructions. A Transaction is authorised when it is confirmed with your PIN, password, one-time code, biometric or other credential. You must check the recipient, amount and currency before confirming. Once a Transaction has been submitted to a Payment Partner it generally cannot be cancelled.

5.4 Processing times. We aim to process Transactions promptly, but timing depends on Payment Partners, mobile networks, banking hours and cross-border settlement systems. Indicative times shown in a product are not guaranteed.

5.5 Mistaken and failed transactions. If a Transaction fails, any amount debited will be reversed to the original source of funds once the failure is confirmed by the Payment Partner. If you send funds to the wrong recipient through your own error, we will make reasonable efforts to help you recover them, but we cannot guarantee recovery or reverse a completed Transaction without the recipient's consent or a lawful order.

5.6 Currency exchange and cross-border payments. Exchange rates are quoted at the time of the Transaction and are locked once you confirm. Cross-border Transactions are subject to Bank of Zambia foreign-exchange regulations and the laws of the receiving country, and may be held for compliance review.

5.7 Bookings and purchases through our platforms. When you book a bus ticket, hotel stay or other service through a TayantPay platform, the transport operator, hotel or merchant is the supplier of that service and is responsible for providing it. We facilitate the booking and payment. Cancellation, change and refund rules are those of the supplier, displayed before you pay. Where a supplier cancels, we will help you obtain the refund it is obliged to give.

5.8 Merchants. Businesses that accept payments through our platforms must also accept the merchant terms issued to them, must supply what they sell as described, and must handle refunds and customer complaints promptly. We may withhold settlement to cover refunds, chargebacks, fines or suspected fraud.

5.9 Holds and investigations. We may delay, hold, reject or reverse a Transaction, or freeze an Account, where we reasonably suspect fraud, money laundering, terrorist financing, sanctions breach or other unlawful activity, or where required by a Payment Partner, a regulator, the Financial Intelligence Centre or a court. Where the law prohibits us from telling you why, we will not.

5.10 Statements. Your Transaction history is available in the product. You should review it regularly and report anything you do not recognise immediately.

5.11 Dormant balances. If an Account is inactive for an extended period we will notify you before taking any action, and any balance will be dealt with as the law requires. Your entitlement to a lawful balance is not forfeited because an Account is dormant.

6. Fees, charges and taxes

6.1 Fees for Digital Services are displayed in the product or on our published tariff before you confirm a Transaction. We do not charge fees that were not disclosed to you.

6.2 Prices for goods and services are as stated in our written quotation, are in Zambian Kwacha unless stated otherwise, and are exclusive of VAT and other applicable taxes unless the quotation says they are included.

6.3 Unless a Contract provides otherwise, invoices are payable within 30 days of the invoice date. We may charge interest on overdue amounts at the Bank of Zambia policy rate plus 2% per annum, and may suspend supply while an undisputed invoice remains overdue. Payment terms for public-sector Contracts follow the Contract.

6.4 We will give at least 30 days' notice of any increase in Digital Service fees. You may close your Account without charge before the change takes effect.

6.5 Charges imposed by your bank, mobile-money operator or network provider are your responsibility.

7. Security and unauthorised transactions

7.1 You must keep your PIN, passwords, one-time codes and devices secure, must not share them with anyone (including anyone claiming to be TayantPay staff), and must log out of shared devices. TayantPay will never ask for your PIN, password or one-time code by phone, SMS, email or social media.

7.2 You must notify us immediately at +260 973 085 126 or info@tayantpay.com if your credentials or device are lost, stolen or compromised, or if you see a Transaction you did not authorise. We will block access on receiving notice.

7.3 You will not be liable for losses from Transactions carried out after you notified us under section 7.2, or that result from our error, a system failure under our control, or fraud by our staff.

7.4 You will be liable for losses arising where you acted fraudulently, or where you intentionally or with gross negligence failed to keep your credentials secure, including by disclosing a PIN or one-time code to another person.

7.5 We investigate every reported unauthorised Transaction and will tell you the outcome. Where we confirm you are not liable, we refund the amount promptly.

7.6 We apply security measures appropriate to financial services, including encryption in transit, access controls, monitoring and fraud screening. No system is entirely free of risk, and you agree to use up-to-date, uncompromised devices and official app stores only.

8. Prohibited use

You must not use any TayantPay product or service to:

• launder money, finance terrorism, evade tax or sanctions, or deal in proceeds of crime;
• buy or sell goods or services that are illegal in Zambia or the destination country;
• operate unlicensed gambling, pyramid or Ponzi schemes, or unlicensed lending or deposit-taking;
• commit fraud, impersonate another person, or use another person's identity or payment instrument;
• open Accounts for others, act as an undisclosed agent, or resell our services without written authority;
• probe, reverse-engineer, interfere with or overload our systems, or circumvent limits or controls;
• harass, defraud or mislead other users, merchants or our staff.

We may report prohibited use to the Financial Intelligence Centre, the Zambia Police Service, the Bank of Zambia or other authorities.

9. Quotations, orders and supply of goods

9.1 Quotations are valid for the period stated on them, or 30 days if none is stated. A Contract is formed when we accept your purchase order, local purchase order or award in writing, or when we begin performance.

9.2 We supply goods to the specification in the accepted quotation. Where a specified item is unavailable, we may propose an equivalent of equal or better specification, which will be supplied only with your approval.

9.3 Delivery dates are estimates given in good faith. We will tell you promptly of any expected delay and its cause. Delivery is to the address in the order; you must provide safe access and an authorised person to receive and sign for the goods.

9.4 You must inspect goods on delivery and notify us in writing of any shortage, damage or non-conformity within 5 Business Days. We will replace, repair or credit non-conforming goods.

9.5 Risk passes to you on delivery. Ownership passes when we receive full payment, until which time you hold the goods on our behalf and must keep them insured and identifiable.

9.6 Manufacturers' warranties are passed through to you in full, and we manage warranty claims on your behalf during the warranty period. Serial numbers and warranty documentation are supplied with the goods.

10. Device and equipment rental

10.1 Rented tablets, laptops, computers and other equipment ("Rental Equipment") remain our property at all times. The hire period, quantities, configuration and charges are as set out in the rental quotation or agreement.

10.2 We deliver Rental Equipment inspected, charged and configured as agreed. A hand-over schedule listing serial numbers and condition is signed at delivery and again at collection.

10.3 During the hire you must use the Rental Equipment with reasonable care, only for the agreed purpose, and keep it at the agreed locations. You must not sell, sub-hire, pledge or modify it, remove asset tags, or install unlicensed software.

10.4 We replace equipment that develops a fault through normal use at no charge for the duration of the hire. You are responsible for loss, theft and damage beyond fair wear and tear from delivery until collection, charged at repair cost or the replacement value stated in the agreement. Theft must be reported to the police and to us within 24 hours.

10.5 We may require a deposit or a letter of undertaking. Deposits are refunded, less any agreed charges, within 7 Business Days of collection.

10.6 Extensions are charged at the agreed rate. Equipment not returned at the end of the hire continues to be charged until it is returned.

10.7 Your data. You are responsible for exporting your data before collection. On return, every device is securely wiped and reset to factory condition before it is issued to anyone else. We do not access, keep or copy data you leave on Rental Equipment.

11. Software, app and platform development

11.1 Scope, milestones, acceptance criteria and fees are defined in the statement of work or Contract. Changes to scope are agreed in writing through a change request, with any effect on cost and timeline stated before work proceeds.

11.2 You must supply content, decisions, access and feedback within agreed timeframes. Delays caused by late inputs extend the delivery schedule accordingly.

11.3 Each milestone is submitted for acceptance testing. A Deliverable is accepted when you confirm acceptance, or when you have not reported a material defect against the acceptance criteria within 10 Business Days of submission, or when you begin using it in live operation.

11.4 We correct defects in accepted Deliverables reported within 90 days of go-live at no charge, unless the Contract states a different warranty period. Thereafter, support and maintenance are provided under a separate agreement.

11.5 On full payment, ownership of the custom code written specifically for you transfers to you, unless the Contract provides otherwise. We retain ownership of our pre-existing tools, libraries, frameworks and platforms, and grant you a non-exclusive, perpetual licence to use them as part of the Deliverables. Third-party and open-source components remain subject to their own licences.

11.6 Where we publish apps to Google Play or the Apple App Store on your behalf, publication is subject to those stores' policies and review decisions, which are outside our control.

11.7 Where we host or operate a system for you, we act as your data processor for the personal data in it and process that data only on your documented instructions, as set out in our privacy policy and any data processing agreement.

12. IT support and managed services

12.1 Support is provided according to the service-level agreement, which defines covered assets, support hours, priority levels, response and resolution targets, and reporting.

12.2 Response targets measure the time to begin work on a correctly logged request. Resolution may depend on third-party parts, vendors or service providers outside our control.

12.3 You must give our engineers access to premises, systems and administrative credentials as reasonably required, and maintain licensed software and adequate backups unless backup is part of the agreed service.

12.4 Work outside the agreed scope or hours, and repairs needed because of misuse, unauthorised modification or third-party interference, are chargeable at our prevailing rates after your approval.

13. Installation and project works

13.1 Network, power, solar, security and electrical installations are carried out by qualified personnel to the specification and the applicable Zambian standards, and commissioned with documented test results.

13.2 You must provide site access, a safe working environment, any permits that are your responsibility, and accurate information about the site, including existing services and hazards.

13.3 Practical completion is reached when commissioning tests are passed and the hand-over documentation is delivered. Defects that appear during the defects liability period stated in the Contract, or 12 months if none is stated, are corrected at our cost.

13.4 Workmanship warranties do not cover damage from power surges outside the designed protection, lightning, flooding, vandalism, theft, misuse, or alteration by others.

14. Intellectual property

14.1 The TayantPay name, logo and other marks, our websites, applications, platforms, software, documentation and content are owned by or licensed to TayantPay and are protected by the intellectual property laws of Zambia and international treaties.

14.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to use our Digital Services for their intended purpose. You must not copy, modify, decompile, distribute or create derivative works from them, except as the law expressly permits.

14.3 You retain ownership of the data and materials you provide to us, and grant us a licence to use them only to perform the services.

14.4 Feedback you give us about our products may be used to improve them without obligation to you.

15. Confidentiality and data protection

15.1 Each party will keep confidential the other's non-public business, technical and financial information, and use it only for the engagement. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law, a regulator or a court.

15.2 We handle personal data in accordance with the Data Protection Act No. 3 of 2021 and our privacy policy, which forms part of these Terms.

15.3 Confidentiality obligations continue for five years after the engagement ends, and indefinitely for trade secrets and personal data.

16. Warranties

16.1 We warrant that we will perform services with reasonable skill and care, by suitably qualified personnel, in accordance with good industry practice and applicable law, and that goods will conform to the agreed specification.

16.2 Digital Services are provided on the basis that they are available and function as described, and we will use reasonable efforts to maintain them. Planned maintenance will be notified in advance where practical. We do not warrant that any Digital Service will be uninterrupted or error-free, particularly where availability depends on mobile networks, Payment Partners or power supply.

16.3 Except as stated in these Terms or a Contract, and to the extent permitted by law, all other warranties and conditions, express or implied, are excluded.

17. Limitation of liability

17.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct, for our obligation to return customer funds held for you, or for any liability that cannot lawfully be limited.

17.2 Subject to section 17.1, neither party is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss, whether arising in contract, delict (including negligence) or otherwise.

17.3 Subject to section 17.1, our total liability arising out of or in connection with any Contract or order is limited to the total amount paid or payable to us under that Contract or order in the 12 months before the event giving rise to the claim. For Digital Services, our liability for a Transaction is limited to the value of that Transaction plus any fees charged on it.

17.4 We are not liable for the acts or omissions of Payment Partners, transport operators, hotels, merchants, network operators, app stores or other third parties, or for losses caused by your failure to follow these Terms, but we will assist you in pursuing any claim against them.

18. Indemnity

You will indemnify TayantPay against losses, penalties and reasonable legal costs arising from your breach of section 8 (prohibited use), your fraud, your infringement of a third party's rights through materials you supply, or loss of or damage to Rental Equipment in your custody.

19. Suspension and termination

19.1 You may close your Account at any time through the product or by contacting us. Any lawful balance will be paid out to a verified account in your name, less disclosed fees and amounts owed.

19.2 We may suspend or close an Account, or suspend a service, with notice where practical, if you materially breach these Terms, fail verification, provide false information, if we are required to by law, a regulator or a Payment Partner, or if continued service would expose you, other users or us to fraud or security risk.

19.3 Either party may terminate a Contract by written notice if the other materially breaches it and fails to remedy the breach within 14 days of notice, or becomes insolvent or enters liquidation, receivership or a similar process.

19.4 On termination you must pay for goods delivered and services performed up to the termination date, and return any Rental Equipment. Sections intended to survive termination, including those on fees, intellectual property, confidentiality, liability and disputes, continue to apply.

20. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, government action, national grid failure or load-shedding beyond designed backup capacity, failure of national payment or telecommunications infrastructure, or supplier and shipping disruptions. The affected party must notify the other promptly and take reasonable steps to mitigate. If the event continues for more than 60 days, either party may terminate the affected order on written notice.

21. Complaints and dispute resolution

21.1 We take complaints seriously. Contact us at info@tayantpay.com with the subject "Complaint", by telephone on +260 973 085 126, or in writing to our office. Please include your name, Account or order reference, and a description of the issue.

21.2 We will acknowledge your complaint within 2 Business Days and aim to resolve it within 15 Business Days. If a complaint needs longer, we will tell you why and when to expect a response. Complaints about unauthorised Transactions are treated as priority.

21.3 If you are not satisfied with our final response to a complaint about a payment service, you may refer it to the Bank of Zambia. Consumers may also refer complaints to the Competition and Consumer Protection Commission, and data protection complaints to the Office of the Data Protection Commissioner.

21.4 Business disputes that are not resolved by good-faith negotiation between senior representatives within 30 days may be referred by either party to arbitration in Lusaka under the Arbitration Act No. 19 of 2000, before a single arbitrator agreed by the parties or, failing agreement, appointed by the Chairperson of the Chartered Institute of Arbitrators (Zambia Branch). This does not prevent either party from seeking urgent interim relief from the courts, and does not apply to consumers, who retain their right to go to court.

22. Governing law

These Terms and any Contract are governed by the laws of the Republic of Zambia. Subject to section 21, the courts of Zambia have exclusive jurisdiction.

23. General

23.1 Changes. We may update these Terms to reflect changes in law, regulation, our products or our business. The current version is always published at this address with its effective date. Material changes affecting Digital Service users will be notified at least 30 days in advance, by email, in-app notice or SMS. Changes do not affect Contracts already in force unless both parties agree.

23.2 Electronic communications. You agree that notices, statements and agreements may be given electronically, which satisfies any requirement for writing in accordance with the Electronic Communications and Transactions Act No. 4 of 2021.

23.3 Assignment. You may not transfer your rights under these Terms without our written consent. We may assign them to an affiliate or successor business on notice, provided your rights are not reduced.

23.4 Subcontracting. We may use qualified subcontractors, and remain responsible for their performance.

23.5 Anti-bribery. TayantPay does not offer, give or accept bribes or improper payments, and complies with the Anti-Corruption Act No. 3 of 2012. Concerns can be raised confidentially with the Managing Director at info@tayantpay.com.

23.6 Severability and waiver. If any provision is found invalid, the rest remain in force. A failure or delay in enforcing a right is not a waiver of it.

23.7 Entire agreement. These Terms, together with any Contract and product-specific terms, are the entire agreement between us on their subject and replace earlier discussions on that subject.

23.8 Language. These Terms are written in English, which prevails over any translation.

24. Contact

Tayant Pay Technologies Limited
Sunshare Tower, 9th Floor, Plot 15585, Olympia, 1 Katima Mulilo Road, Lusaka 10101, Zambia
Telephone +260 973 085 126 · Email info@tayantpay.com
Office hours: Monday to Friday, 08:00 to 17:00

Company No. 120230058478 · TPIN 2002176841 · ZPPA Supplier No. 118145 · See also our privacy policy.