Terms of Service

1. About These Terms

These Terms of Service ("Terms") are a binding legal agreement between tandpay LTD, a company incorporated in Rwanda under registration TIN 155683751, with its registered office at KN 78 Street, Imena Village, Kiyovu Cell, Nyarugenge Sector, Nyarugenge District, City of Kigali, Rwanda ("TandPay", "we", "us", "our"), and you, the user of our service (whether as a Seller or a Buyer).

By registering an account, making a payment, accepting delivery, or otherwise using TandPay, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the service.

2. Definitions

3. Eligibility

To use TandPay as either a Seller or a Buyer, you must:

  1. Be at least eighteen (18) years of age;
  2. Be a resident of the Republic of Rwanda;
  3. Hold a valid Rwandan mobile money account (MTN MoMo or Airtel Money);
  4. Have the legal capacity to enter into a binding contract under Rwandan law.

Sellers must additionally complete identity verification by providing a valid Rwandan National ID and any other information we reasonably request in accordance with AML/CFT and BNR requirements.

We may refuse, suspend, or terminate any account that does not meet these requirements or that we reasonably suspect has misrepresented eligibility.

4. How TandPay Works

TandPay is an escrow marketplace. The flow of any transaction is as follows:

  1. A Seller lists an Order on the platform.
  2. A Buyer initiates payment via MTN MoMo or Airtel Money.
  3. Funds are collected by Pawapay and held in Escrow on TandPay's instruction. Funds are not held by TandPay.
  4. The Buyer receives a Delivery Code.
  5. The Seller delivers the product or service and enters the Delivery Code provided by the Buyer.
  6. Upon Delivery Code confirmation, the twelve (12) hour Inspection Window begins.
  7. During the Inspection Window, the Buyer may open a Dispute if the product or service is not as described, damaged, incorrect, or not received.
  8. If no Dispute is opened within the Inspection Window, funds are automatically released from Escrow to the Seller (less applicable fees).
  9. If a Dispute is opened, the release is suspended pending review under Section 8.
  10. Seller non-delivery / safety timeout: If the Seller fails to deliver and no Delivery Code is ever entered by the Buyer within seven (7) days of payment, the Escrow automatically expires and the full Order Amount is refunded to the Buyer in accordance with Section 9. This safety timeout is configurable and the current value is published at tandpay.com/fees.

5. Fees

  1. Platform Fee — deducted from the Seller's payout. Current rates published at tandpay.com/fees.
  2. Buyer Fee — charged to the Buyer at checkout, shown separately from the product price before payment.
  3. Fees may be updated from time to time. We will provide at least thirty (30) days' notice of any material change, posted on the fees page and communicated to active users via in-app notice.
  4. Historical fee schedules are available on request to support@tandpay.com.

6. Custody of Funds

  1. Funds in Escrow are held by Pawapay, not by TandPay. TandPay acts as an instruction layer between the Buyer, the Seller, and Pawapay.
  2. TandPay does not operate its own bank account holding customer funds.
  3. In the event that TandPay ceases operations, funds in Escrow at that time will be returned to Buyers or transferred to Sellers according to the state of each transaction, in accordance with Pawapay's merchant services agreement.
  4. Neither TandPay nor Pawapay pays interest on funds held in Escrow.

7. Prohibited Uses

Sellers may not list, and Buyers may not pay for, any of the following through TandPay:

  1. Goods or services that are illegal under Rwandan law;
  2. Weapons, firearms, ammunition, explosives, or parts thereof;
  3. Drugs, controlled substances, or drug paraphernalia;
  4. Prescription medicines or pharmaceuticals not authorized for sale by the seller;
  5. Counterfeit goods, replicas, or knockoffs;
  6. Stolen goods or goods of unclear provenance;
  7. Live animals, wildlife, protected species, or ivory;
  8. Human body parts, organs, or remains;
  9. Adult content, sexual services, or pornography;
  10. Gambling services, lottery tickets, or betting products;
  11. Cryptocurrency, digital assets, or unregulated financial instruments;
  12. Securities, shares, or investment products requiring a license;
  13. Hazardous materials, chemicals, or radioactive substances;
  14. Political campaign contributions or materials during legally restricted periods;
  15. Any product or service requiring a license the Seller does not hold;
  16. Intellectual property the Seller does not own or is not licensed to sell;
  17. Services that violate the rights of third parties.

Any Seller found to list a Prohibited Use may have their account suspended or terminated immediately, and any funds due to them may be withheld pending investigation. Buyers may report Prohibited Uses to support@tandpay.com.

8. Disputes and Resolution

  1. Buyer-initiated Dispute — A Buyer may open a Dispute at any time during the Inspection Window, by following the Dispute flow in the application and providing a reason and any supporting evidence.
  2. TandPay review — We commit to review and issue a decision on each Dispute within seventy-two (72) hours of it being opened.
  3. Auto-resolution — If TandPay does not issue a decision within 72 hours, the Dispute is automatically resolved in the Buyer's favor (refund).
  4. Possible outcomes — Release to Seller, Refund to Buyer, or Partial Resolution (at TandPay's discretion, subject to the Refund policy in Section 9).
  5. Finality — TandPay's internal decision is final as between the parties for the purpose of releasing or refunding the funds held in Escrow. This does not limit a party's right to pursue legal remedies under Section 14.
  6. Evidence — Both parties may submit evidence via the in-app Dispute message thread. Evidence obtained outside the platform may be considered at TandPay's discretion.

9. Refunds

  1. When a Buyer is entitled to a refund (Escrow expired because Seller failed to deliver, or Dispute resolved in the Buyer's favor), the Buyer will receive the full Order amount back to the mobile money account used for payment.
  2. The Buyer Fee is retained by TandPay to cover transaction costs incurred by our payment partners.
  3. Refunds are initiated promptly upon Dispute resolution or Escrow expiry. Settlement to the Buyer's mobile money account is subject to the processing times of Pawapay and the mobile network operators and is typically completed within one (1) to three (3) business days.
  4. Refunds are sent to the mobile money number used for the original payment. If that number is no longer active or has been reassigned, TandPay is not responsible for misdirected refunds, but will assist in reasonable recovery efforts.

10. Your Content

  1. When you list an Order, upload photos, write descriptions, or submit Dispute evidence, you grant TandPay a non-exclusive, royalty-free, worldwide license to host, display, reproduce, and distribute that content solely for the purpose of operating the service.
  2. You represent and warrant that you own or have the right to post any content you submit, and that the content does not infringe any third-party rights.
  3. We may remove any content that we reasonably believe violates these Terms, Rwandan law, or the rights of others, without prior notice.

11. Account Termination

  1. By you — You may close your Seller account at any time by contacting support@tandpay.com. Closure is not immediate; transactions in flight must complete first.
  2. By us — We may suspend or terminate your account with or without notice if we reasonably believe you have violated these Terms, if required by law, regulation, or order of a competent authority (including BNR), or if you have triggered AML/CFT monitoring flags that cannot be cleared.
  3. Record retention after closure — Financial records (transaction data, audit logs) are retained for seven (7) years following closure in accordance with Rwandan financial-records requirements. Other personal data is handled according to our Privacy Policy.
  4. Funds at closure — Any funds in Escrow at the time of closure will be released or refunded according to the normal rules of Section 4 and Section 9.

12. Limitation of Liability

  1. Service provided "as is" — TandPay is provided on an "as is" and "as available" basis. We do not warrant that the service will be uninterrupted or error-free.
  2. No liability for third parties — We are not liable for failures or delays caused by Pawapay, MTN, Airtel, Pindo, or any other third-party provider, nor for force majeure events (network outages, government actions, natural disasters).
  3. No liability for user disputes — We are not a party to the underlying transaction between a Seller and a Buyer. Our role is limited to operating the Escrow flow. We are not liable for product quality, delivery performance, or misrepresentation by either party beyond our Dispute-resolution obligations.
  4. Liability cap — To the maximum extent permitted by Rwandan law, our total liability to you for any claim arising out of or relating to these Terms is limited to the total fees paid by you to TandPay in the twelve (12) months preceding the event giving rise to the claim.
  5. Exceptions — These limitations do not apply to (i) gross negligence or willful misconduct by TandPay, or (ii) any liability that cannot be limited under Rwandan law.

13. Indemnification

You agree to indemnify and hold harmless TandPay, its directors, officers, employees, and agents from any claim, loss, or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) your violation of any law or third-party right, or (c) any content you submit to the platform.

14. Governing Law and Dispute Resolution

  1. Governing law — These Terms and any dispute arising out of them are governed by the laws of the Republic of Rwanda.
  2. Internal resolution first — Before pursuing legal action, you agree to first attempt to resolve the dispute by writing to support@tandpay.com. We will respond within twenty-four (24) hours and will attempt in good faith to resolve the matter within thirty (30) days.
  3. Courts — If the dispute is not resolved internally, it shall be submitted to the exclusive jurisdiction of the competent courts of the City of Kigali, Rwanda.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified to active users at least thirty (30) days before taking effect, via in-app notice, SMS to registered phones, and update of the "Last Updated" date. Your continued use of TandPay after the effective date constitutes acceptance of the updated Terms.

16. Notices

  1. Notices to TandPay — Any legal notice must be sent in writing to bahati@tandpay.com and to the registered office at KN 78 Street, Imena Village, Kiyovu Cell, Nyarugenge Sector, Nyarugenge District, City of Kigali, Rwanda.
  2. Notices to you — We may send notices to you at the phone number or email address associated with your account, or via in-app notification.

17. Contact