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Acceptable Use Policy

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Written by Henriette Tshikwaka Bakaly
Updated this week

Acceptable Use Policy

Valid as of March 1, 2023

Your use of the Chipper Cash App is governed by the Chipper Cash Terms of Use relevant to your jurisdiction, this Acceptable Use Policy (“Policy”), and any other terms, policies and guidelines applicable to the Chipper Services (as the term is defined in the Chipper Cash Terms of Use). We may modify this Policy by posting a revised version on https://www.chippercash.com. By using Chipper Services, you agree to the latest version of this Policy. You are independently responsible for complying with all applicable laws in all of your actions related to your use of Chipper Services, regardless of the purpose of the use.

A. Prohibited Uses

You may not use, facilitate use of, or allow others to use, the Chipper Services to engage in the following activities (“Prohibited Uses”). The specific types of uses listed below are representative, but not exhaustive. By using Chipper Services, you acknowledge and agree that you will not use Chipper Services to do any of the following:

  1. Accounts: Open or have more than one personal account with Chipper Cash. Personal accounts are for use in person-to-person transfers with friends, family, and other people whom you know as well as to make Authorized Merchant Payments.

  2. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation. This includes engaging in any criminal or tortious activity, including without limitation child pornography, trafficking in obscene material, drug dealing, or gambling.

  3. Abusive Activity: Activities which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Chipper Services that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to Chipper Services, other Chipper customer accounts, computer systems or networks connected to the Chipper Services, through password mining, scraping, or any other manual or automated processes; use Chipper’s account information of another party to access or use Chipper Services, except where expressly authorized by a user to access such information; or transfer your account access or rights to your account to a third party, or otherwise collect information from Chipper Services about others, including without limitation personal information such as phone numbers or customers’ names, without proper consent.

  4. Abuse of Other Chipper Customers or Chipper Employees: Engage in abusive activities or communications (oral or written) in connection with use of the Service that are explicit, abusive, or hate speech directed toward other Chipper customers or Chipper employees. This includes without limitation activities that defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; interfere with another individual's or entity's access to or use of any Chipper Services, including other Chipper customers or Chipper employees.

  5. Fraud: Activity which operates to defraud Chipper customers, or any other person or entity; provide any false, inaccurate, or misleading information to Chipper.

  6. Sanctioned Activity: Activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Chipper Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimea Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time.

B. Prohibited Business List

You may not engage, help the use of or allow others to use, Chipper and its Payment Service Provider(s) (PSP) to engage in the following Prohibited Business List. Deviation from these guidelines may result in termination of client agreement. This is not an exhaustive list, and Chipper and its PSP provider reserve the right to add or amend this list at any time. Choosing to use Chipper Services means that you agree and consent to not participate in the following:

  1. Unlicensed Financial Service (where licensing is required)

  2. Pyramid or Ponzi Schemes or Multi - Level Marketing Programs

  3. Hawala

  4. Unlicensed FOREX Brokers

  5. Binary Options

  6. Debt Restructuring, Credit Repair, Debt Settlement, Providing New Credit, Debt Collections

  7. Gambling

  8. Get Rich Quick Schemes

  9. Activities Aimed at Circumventing Security Controls (software or hardware)

  10. Unregulated Pharmaceuticals / Food Supplements (e.g. “nutraceuticals”)

  11. Piracy or Illegal Streaming

  12. Counterfeit Goods and Violation of Intellectual Property and Items that Violate Someone’s Privacy

  13. Arms / Dual Use Goods / Human Organs

  14. Unlicensed Charities

  15. Shell Companies

  16. Companies Formed of Bearer Shares

  17. Remittances Funded in Cash

  18. Offshore Bank Transactions / Shell Banks

  19. Adult Service Connected to Human Trafficking; Intermediation of Prostitution; Production, Visual Broadcasting or Pornography or Striptease Clubs (the approach does not include literature, toys, DVDs, educational or scientifical material or dating sites)

  20. Fourth Party Payment & Multi - Layered MSB Arrangements

  21. Transactions for Goods Subject to Export Prohibition / Restrictions

  22. Transactions with Living Animals (exceptions possible like for payments for horse riding or dog classes)

  23. Political / Religious Organizations designated as Hate Groups (per Southern Poverty Law Center)

  24. Sanctioned Entities (Sanctioned Entity/ Individual(s))

  25. Pattern Day Trading: When a trader carries out four or more day trades within five business days.

  26. Transactions found to be fraudulent by any of our partners

  27. Any other activities that are found inappropriate by our partners:

Investigation and Enforcement

We have no obligation to monitor Chipper Services for violations of this Policy but we have absolute discretion to take any action up to and including suspending or terminating your use of Chipper at any time without notice for any violations of this Policy.

We may investigate any suspected violation of this Policy, and remove or disable access to any content or resources that violates this Policy. You agree to cooperate with us to remedy any violation.

If we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement.

Account Liens and Freezes

Being a group of regulated entities across our operational jurisdictions, Chipper is compelled to inculcate stringent Anti-Financial Crime regulations and laws into its policies and procedures and these govern our relationship with all users of our platform. During the course of our relationship with you, we will make every reasonable effort to identify any unusual activity that may occur as a result of Money Laundering, Terrorist Financing, Fraud or any other financial crime activities that may be intended for consummation on or through our platform.

You agree that your activities on our platform may be subjected to routine checks or as may be expedient based on your use of the Chipper platform.

Where there are suspicions of your abuse of our platform, or any situation arises where ourselves or our partners (refer to number 27 in Section B above) suspect that funds passing through your account, your source of funds or destination of funds in your wallet reflect activities that engender fraud, money laundering, terrorist finance or other financial crime activities specified by any law or government policy, you agree that your account can be placed under restrictions- which include but is not limited to placing a lien, freezing or restricting your access to our services or the funds in your wallet.

We will make all reasonable efforts to ensure that the actions mentioned above are a last resort and will do our best to satisfy every alternative means before taking any of these actions.

In order to ensure that we are compliant with all anti-financial crime laws and regulations, we have in place the following processes, these require your cooperation.

1. Identity and Verification

We will make all reasonable efforts to know:

  • Who you are

  • That your identity is supported by authentic and appropriate documentation or other sources

  • That you are not included on any sanctions lists or negative databases, or that there are no relevant adverse information that prohibit your use of platforms such as ours

2. Your Occupation or Business Activity

We will ask information relevant to the following and independently verify them. For example;

  • What you do

  • How you earn your living

  • That your occupation or activity is legitimate and allowed by the regulations

  • That your income is consistent with your occupation

3. Your Source of Funds and Wealth

During investigations undertaken on your wallet or use of our services or products; which may be prompted by suspicious activities on your wallet; as may be undertaken by our team of compliance analysts or requested by any of our partners, we may require you to provide the following answers to us with documentary evidence

  • Your source of funds/source of wealth?

  • What is the source of funds for a particular financial activity e.g. wallet creation, credit or debit

  • Is the source in itself high risk (i.e. by the industry or country

  • Proof of transaction with the beneficiary or the transferring party

Request(s) for Information (RFIs) are shared with you to obtain additional information that may not be immediately available within our systems. Your responses may provide valuable information that will aid our understanding of the nature of your transactions. You may be requested to provide documentary proof of source of funds, purpose of the inflows and outflows, relationship with the various senders and receivers as stated earlier.

4. Locking accounts

Whenever we discover identity theft within our systems, any account found to be created or operated using a stolen identity is immediately locked. Other reasons that could warrant the locking of a user’s account are such as spoofing, KYC breach, fraud and other financial crime concerns (This is guided by local regulations and necessity).

Chipper and her partners (refer to number 27 in Section B above) collaborate from time to time to ensure that transactions processed or consummated via our platforms are free from disputes and untainted from illegal activity. There are several instances where your account may be restricted, spurring RFIs or investigations.

S/N

Case Type

Our Approach

1

Disputed Deposits into your account- whenever we receive a request from our partners or 3rd parties that funds credited to you are under contention

The amount in question is available to you but cannot be transferred out of your wallet or utilised, until we have sent you an RFI and if you agree to a refund, your wallet is debited and the disputed amount sent back to the party claiming the funds.

If you do not agree to the claims made, we will require you or the party claiming the funds in question to provide us with documentary and valid legal documents that reflect your position.

Where there is no settlement of this dispute within 72 hours, we will encourage you or the party claiming the funds to seek legal redress while Chipper will merely act as a repository for the funds in dispute, until we have received orders from a court of competent jurisdiction regarding the funds in dispute.

2

Notification for fraudulent activities on your wallet (both primary and secondary beneficiaries of funds)

Where Chipper receives any complaint either from our partners, law enforcement agencies or 3rd parties that funds you have received, transferred or have utilised within our platforms are under investigation for fraud or illegal activities, we will immediately restrict your account. (This is regardless of whether you are a primary beneficiary or secondary beneficiary of the funds under investigation)

We will send you a notice justifying the action and advise you on the resolution process with as much information as is available to us.

In cases where fraud is being investigated, we expect that the investigation is being carried out by a law enforcement agency and we will cooperate with the investigating agency in tandem with the legal processes for issues of this nature.

Chipper will subject itself to further directives of a court of competent jurisdiction and prescribed processes of the law.

3

Incidents where you have received multiple credits for purchases within the Chipper platform, e.g Funding or withdrawals from your card, while purchasing ancillary services such as airtime, data, betting or erroneous credits to your wallet occasioned by a system glitch

In instances of this nature, we will immediately recall the excess funds if your wallet is funded, while notifying you of the situation. We expect that your use of our services is in good faith and you will cooperate with us .

Where your wallet is not funded or you have acted in bad faith by utilising the said funds, we will place a lien of the amount you have utilised and will recall the funds once your wallet is funded.

Where you have utilised the said amount, this amounts to an illicit gain, and where you refuse to fund your account, we will pursue every legal means to recover the said funds from you.

4

Long-term incidents requiring retrospective investigation and restriction of accounts for fund recovery

In cases where we need to recover illicit gains in retrospect, we will take the approach in clause 3.

You agree that Chipper Cash and its partners can take the actions required to recover any illicit gain or you will refund such amounts, if you ignorantly utilised the said funds.

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