These Terms and Conditions govern your (“the Customer”) use of Electronic Payment Services offered by GraceKennedy Remittance Services Limited (“GKRS” “us” or “we”) from time to time (“the Services” as defined in the Second Schedule). 

You understand that by using the said Services you confirm that:

1. you have carefully read and understood the terms and conditions set out below;
2. you understand, among other things, that all the risks associated with using the Services are entirely and solely yours;
3. you are entering into a contract with GKRS as detailed in these terms and conditions; and
4. you agree to be bound by the said terms and conditions of this entire Agreement as same may be amended at any time and from time to time by GKRS in its sole discretion. 

Part I – APPLICATION FOR AND BASIC PROVISIONS GOVERNING THE SERVICES

• Recitals – Request for and Agreement to Provide the Services

1.1 GKRS has developed certain Electronic Payment services more particularly described in the First Schedule hereto as “the Services”;

1.2 you have requested that the Services be made available to you by GKRS and GKRS has considered the request and agreed to make such Services available to you upon the terms and conditions herein; and

1.3 the Services will be available with effect from the date of your acceptance of these terms and conditions and which is deemed to have occurred upon your first activation and/or use of the Services (“the Effective Date”).

• Definitions and Interpretation 

In these Terms & Conditions the terms and expressions used shall have meanings detailed in the Second Schedule hereto and the relevant principles of interpretation shall be as detailed in the said Second Schedule. 

• Provision of the Services

3.1 GKRS shall make the Services available to you from the Effective Date for valuable consideration, including, inter alia, the payment of the fees (if applicable) and upon the terms and conditions hereinafter contained,

3.2 You may initiate and GKRS may permit you to initiate Instructions to facilitate Transactions to and/or from your Account(s), by means employed by GKRS from time to time in its sole discretion including, inter alia, those detailed herein. 

3.3 Save as is expressly otherwise provided herein you hereby authorise GKRS to accept, and you agree to be responsible for, any Instructions given through the Services to the same extent as if you had given signed, written instructions to GKRS. 

• Requirements for access to the online services & Customer Training

1. You must open and maintain an Account with GKRS in order to be eligible to access the Services. However, GKRS reserves the right to refuse access to the Services in respect of any Customer or in respect of any particular account at any time and from time to time in its sole discretion without being obliged to advise the Customer of the reason for such refusal. 

1. You must also have a valid PIN Code to be able to conduct Transactions unless otherwise decided by GKRS from time to time.

1. GKRS shall endeavour to train you the Customer in the proper use of the Services through various means including but not limited to brochures and on-line information from time to time.

• Secure your Access Code(s) and Account Information

1. You agree that the requirement of Access Code(s) is reasonable and acknowledge that this is designed to authenticate Transactions as yours. 

1. You shall not disclose and will take all necessary steps to prevent the disclosure of your Access Code(s).

1. You also agree to keep your Access Code(s) secure and to ensure that it is not accessible by anyone else save and except a User. 

1. You shall immediately notify GKRS by calling GKRS at 1 888 991 2056 or such other telephone number(s) as GKRS may specify from time to time if you believe or suspect that your Access Code(s), or any one of them, has become known to, or is in the possession of any person, whom you do not intend to have such information or access or if the confidentiality of such information has been or is believed by you to have been compromised and you may, in such cases, be required by GKRS to establish one or more new Access Codes as the circumstances may require. 

1. Without limiting the foregoing you must and hereby agree to observe the following guidelines:     

5.5.1 you will not leave account information, including Access Code(s), in an open area accessible by other persons;

5.5.2 you will not send the Access Code or privileged account information over an e-mail system;

5.5.3 you will not share your Account information, whether by electronic means or otherwise, with anyone other than a User;

5.5.4 you will not leave your mobile phone or other electronic device unattended while it is connected to the Services and you will report any loss of your Card, Mobile Phone or other electronic device on which the Services can be accessed promptly after such loss is discovered

5.5.5 you will take all security measures necessary to secure the Access Code(s) from unauthorised usage; and

5.5.6 you will log out of the Services after each session.

5.5.7    You shall take all reasonable precautions to prevent the loss, theft or destruction of the Card and you undertake to notify the GKRS immediately of such loss, theft or destruction of the Card and the circumstances thereof.  You may also be required by the GKRS to confirm the loss, theft or destruction of the Card and the circumstances thereof in writing.  

1. You agree that you shall use the Access Code(s) exclusively in accordance with these Terms & Conditions and/or GKRS’s instructions and directions as made known to you at any time and from time to time.

1. You are not allowed to copy, publish, sell, rent, lease, sub-lease, sub-use, distribute, lend, modify, merge, translate, decompile or reverse compile the Access Code(s).

1. You may also be required by GKRS to change your Access Code at any time and from time to time and hereby agree to comply with such valid requests.

1. Save as is otherwise expressly provided herein you shall be held liable for all Transactions, losses, costs and or otherwise resulting from the unauthorised use of the Access Code(s) (“Unauthorised Transactions”). 

1. Every Instruction has the same status and legal value as a written instruction signed by you. Accordingly, you agree not to challenge the legal effect, validity or enforceability of an Instruction authenticated by Access Code.

1. In addition to using the Access Code(s) you may be required by GKRS to provide information to verify that you are the Account holder or otherwise identify yourself.  

1. If you have given someone your Access Code(s) you do so at your own risk and GKRS is not liable for any loss/damage arising as a result.

1. If you give someone your Access Code(s) or allow someone to have access to such information, you will be deemed to have authorised such person to carry out Transactions in relation to your Account(s) and to use the Services on your behalf. In such cases, all Transactions performed by such person, even Transactions which you did not intend or want to be carried out, will be deemed to have been authorised by you and you will be responsible and liable therefor. For the purposes of these Terms & Conditions you are further deemed to have authorised all Unauthorised Transactions save and except Unauthorised Transactions described in clause 9.6.2.

1. You are responsible for checking your Account periodically and for reviewing your Account statements to ensure that your Instructions have been carried out and that all of the Transactions recorded have been authorized by you. Specifically, you agree with us that:

1. You will examine all statements and any other form of information presented by us and which are supplied to you via SMS or otherwise (collectively, the “Account Information”) setting out Transactions on your Account;

1. if the Account Information is not received by you by seven (7) days, you are obliged to collect and obtain Account Information from GKRS or its agents;

1. Within thirty (30) days after the delivery of Account Information to you, you will notify us of any alleged omission or inaccurate entry in the Account Information as so stated, including but not limited to any inaccurate debits or credits made in respect of the Account, after which the Account Information shall be conclusive without any further proof that, except as to alleged errors notified as provided herein, the Account contains all credits that should be contained therein, all debits reflected on the Account are true and accurate, and all the entries therein are true and correct and have been irrevocably accepted by you, and subject to the above exception regarding notification, we shall be entitled to rely on the Account Information and shall be free from all claims in respect of the Account.

1. If you fail to effect written notification within the said period, we shall not be liable for any loss arising from the disputed Transaction nor shall we be liable to reverse or refund the effect of any such Transaction including interest and Transaction fees accruing or charged thereon. In extenuating circumstances, we may in our absolute discretion extend the said period.

1. You further declare and agree that it is essential and important that the examination and verification of all Account Information and information relating to such Account Information be carried out in the manner, and within the time stipulated in these Terms & Conditions and that the Account Information shall have conclusive effect and be unchallengeable by you in relation to such entries or items in respect of which no notification of errors has been given by you as required by this Clause 5.14.

6. Account Ownership and Your Warranties

1. You shall be liable for any Transactions conducted by any person who you may authorize to use your Account (“User”) as well as any and all losses, costs or otherwise resulting from the use of the Service by any such User. You must and hereby agree to ensure that the User is aware of and complies with the terms and conditions detailed herein.

1. You warrant that you are duly authorised to enter into an agreement to use the Services and have taken and will take all the steps necessary, from time to time, to comply with the other warranties, requirements, terms and conditions set out herein.

1. GKRS shall be entitled to rely on any Instructions and or written notice believed by it in good faith to be signed by you.

1. You hereby represent and warrant that each time you and/or the User use the Access Code(s), you and/or the User have all necessary powers, authority and approvals to do so and to perform in accordance with your obligations under these Terms & Conditions.

1. You hereby agree that you will, among other things,  

1. conform all Transactions to the format, content and specifications prescribed by GKRS from time to time;

1. comply with the law and security procedures prescribed by GKRS from time to time for carrying out all Transactions and operating your Account;

1. not use the Services for any unlawful purpose or in any manner that in the opinion of GKRS would cause it to act in contravention of any domestic or foreign legal duties including but not limited to in respect of anti-money laundering;

1. You warrant and agree that the total dollar amount of Transactions conducted by you via the Services on any one day shall not exceed the limit agreed between you and GKRS on the opening of the Account and from time to time. GKRS reserves the right to decrease the prescribed limit in the event of an emergency provided that GKRS will advise you of any such decrease as soon as possible. 

1. Without prejudice to any other provisions regarding indemnity in the Agreement you shall indemnify GKRS against any loss, claim, demand, liability, expense or costs (including Attorneys’ fees and expenses) resulting from or arising out of any breach of any of the foregoing warranties or agreements.

PART II – SPECIFIC PROVISIONS CONCERNING TRANSACTIONS

7. Transactions Involving Insufficient Account Balances 

7.1 You must have enough available credit in any Account from which you instruct GKRS to carry out a Transaction. 

7.2 If you issue Instructions and you do not have sufficient balance on your Account to fund the Transaction (including charges payable for the use of the Services) GKRS may refuse to complete the Transaction. 

7.3 If GKRS does not execute or reverses a Transaction, because of an insufficient balance, GKRS is not required to make any further attempt to process the Transaction or to notify you that Transaction has not been completed. You are also liable for any insufficient balance fee charged by GKRS. 

7.4 GKRS will NOT be liable if you do not have sufficient value on the Account from which a Transaction is to be made, or if the Account has been closed or is not in good standing.

8. 8. Applicable Fees and Charges

You hereby agree:

8.1    to pay to GKRS such fees for the Services (and any actions connected thereto) as may be charged by GKRS or any relevant third party from time to time as implemented varied and/or published by GKRS (or any relevant third party) from time to time and in the manner prescribed by GKRS; 

8.2 that GKRS may debit your Account for the fees and charges due for the use of the Services and GKRS’s fees and charges. 

9. Limit on GKRS’s Liability

9.1 GKRS does not accept any responsibility or liability in respect of its providing or failing to provide the Services save as expressly accepted in this clause 9. 

9.2 GKRS shall be responsible only for performing the Services expressly provided for in the Agreement and shall not be liable for any loss or damage which may arise therefrom except in the case of gross negligence or wilful misconduct in performing those Services.  

9.3 The parties agree that GKRS will not be liable to you or any third party for:

9.3.1 any errors, failures, delays, inaccuracies, damage, loss or injury, directly or indirectly arising from the operation of your Mobile Device however caused, nor for any problems or losses. 

9.3.2 for the unavailability, incompleteness and inaccuracy of any relevant information from you or the delayed provision of such information by you or if you have failed to give GKRS complete, correct telephone numbers or other identifying information so that GKRS can properly complete a Transaction or if you fail to give Instructions as and within the time period required herein and by GKRS from time to time.

9.4 In no event shall GKRS have any liability for any consequential, special, punitive or indirect loss or damage which you or a third party may incur or suffer in connection with these Terms & Conditions and/or the use of the Services. 

9.5 Without limiting any other provisions of these Terms & Conditions:

9.5.1 GKRS shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, emergency conditions, or other conditions beyond GKRS’s control;

9.5.2 GKRS shall not be liable for failing to complete a Transaction because of the provisions of law or legal process; and 

9.6 Subject to the foregoing limitations, and in any event, GKRS’s liability for loss shall be limited as follows: 

9.6.1 If GKRS fails or delays in effecting a Transaction pursuant to your Instructions, or if GKRS effects a Transaction involving a payment or transfer to a third party in an erroneous amount that is less than the amount per your Instructions, unless otherwise required by law, GKRS’s liability shall be limited to interest on the amount that GKRS failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled the Instructions. GKRS may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will GKRS be liable to both parties, and our payment to either party will fully discharge any obligation to the other; 

9.6.2 If GKRS effects a Transaction involving a payment or transfer to a third party in an erroneous amount that exceeds the amount per your Instructions, or if GKRS permits an Unauthorised Transaction after GKRS has had a reasonable time to act on a notice from you of possible unauthorised use as described above, or if GKRS erroneously effects a Transaction involving a debit to your Account in the absence of Instructions from you, then unless otherwise required by law, GKRS’s liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed sixty (60) days’ interest. If GKRS becomes liable to you for interest compensation under these Terms & Conditions or applicable law, such interest shall be calculated based on the average Government of Jamaica Treasury Bill rate for each day interest is due, computed on the basis of a 360-day year;

9.6.3 We shall not be liable for your attorney’s fees, except as required by law; and 

9.6.4 Unless otherwise required by law, GKRS shall not be liable for any error or delay on the part of any third party or for any other act or omission of any third party, including without limitation third parties used by GKRS in executing any payment order or relating to any or performing a related act, and no such third party shall be deemed to be our agent. 

9.7 You hereby acknowledge that all information provided by you is accurate and complete. GKRS shall be entitled to rely absolutely on the information, representations, and warranties provided by you pursuant to these Terms & Conditions, and shall not be responsible for the accuracy or completeness thereof. 

10. 10. Risk

10.1 You are responsible for the installation, maintenance and operation of your Mobile Phone or other electronic device and any required software and shall bear the risk of error, failure or non-performance due to faulty operation, malfunction, lack of maintenance or any other reason.

10.2 You are responsible for the security and confidentiality of the Card and Wallet information, including, but not limited to, the Card number, the Account number, your PIN Code, and/or any other information necessary to access and/or utilize the Services. GKRS shall not be liable for any loss incurred arising from this confidential information being utilised by others, howsoever caused, of this confidential information.

10.3 You hereby acknowledge and accept that the use of the Services carries certain inherent risks. 

10.4 By using the Services you assume full responsibility for the risks which risks include, among others, the following possibilities;

• your Account being accessed by a third party e.g. where you have permitted your Access Codes to be disclosed;
• delays in the transmission of your Instructions; and/or
• the Services being unavailable from time to time due to either scheduled or unscheduled maintenance or malfunction.

10.5 By using the Services you agree to these Terms & Conditions and you agree to accept the electronic communications and acknowledge that you are able to electronically access and retain electronic communications relating to the Services.

11.       No Warranties or Representations

GKRS gives no warranty nor makes any representation of merchantability or fitness of the Services for any particular purpose. 

12. 12. Indemnity 

12.1 You shall indemnify and keep indemnified GKRS from and against any and all loss damage or liability (whether criminal or civil) suffered (along with legal fees and costs incurred) by GKRS resulting from its agreeing to provide the Services on the terms and conditions herein including, among others and without limitation, those resulting from any act neglect or default (including breach of these Terms & Conditions) of yours or any of your Users under these Terms & Conditions. 

12.2 Without prejudice to the generality of the foregoing and other provisions of these Terms & Conditions if a fine is assessed against GKRS it will be your responsibility to pay the fine unless the parties (and in the event of disagreement between the parties, a third entity agreed on by the parties) determine the fine was caused by an improper and grossly negligent action by GKRS. 

13.     Proof

13.1    All Instructions, details of Transactions and other details of Services provided herein and the terms and conditions pursuant to which they are provided (“the Documentation”) may be recorded or registered by GKRS electronically or otherwise as determined by GKRS in its sole discretion. 

13.2 The Documentation, and/or any extract thereof, shall stand as conclusive and undisputable evidence of that to which it relates.

14. Disclosure of Account Information

14.1  GKRS will not disclose to third parties any information about you or your Account or any Transactions unless –

14.1.1 you have in writing authorised or requested GKRS to disclose any particular information or any particular type or types of information to a specified person or specified persons in such manner and at such times as is contained in such written authority; or 

14.1.2 such disclosure is necessary for completing a Transaction or to investigate or resolve a dispute or problem relating to a Transaction, the Services and/or you, or

14.1.3 it is otherwise required or allowed by law or legal process to do so.

14.2   Notwithstanding the other provisions of this clause 14 you hereby authorise GKRS, and or the Issuer, to disclose information regarding you to any of its affiliates, agents and subcontractors for operational, marketing or any other legitimate business purpose. This may include sharing your payment information with affiliates in order to provide the Services. By using, and continuing to use the Services, agree that GKRS may provide such information to its affiliates, agents and subcontractors who conduct their business from various countries in order to be able to provide the Services to you provided that GKRS agrees that any such affiliate, agent and/or subcontractor will be required to adhere to the confidentiality obligations in writing.  

15. Availability of Services

15.1 GKRS will endeavour to make the Services available for twenty-four (24) hours per day, seven (7) days per week except on such days or at such times during which GKRS  or other networks will be carrying out maintenance work on its computer system and other systems and equipment necessary for the provision of the Services. GKRS does not however guarantee that the Services will always be available.                                 

1. GKRS’s telephone service, including at the numbers given in these Terms & Conditions (and from time to time) will only be available during the hours of 09:00am and 5:00pm (or such hours as prescribed by GKRS from time to time or at any time) and GKRS shall not be liable for any losses suffered by you as a result of the unavailability of telephone contact. 

 15.3 The Services may not be available from time to time for scheduled or unscheduled maintenance but GKRS will endeavour to ensure that such interruptions in service are reduced to a minimum.

16. Unauthorised Use

Save as expressly detailed in clause 9.6.2, GKRS shall not be liable for any damage, loss or injury incurred by you as a result of any Unauthorised Transaction. You agree to indemnify and hold GKRS harmless from and against all claims, losses, damage, injury, suits, actions and/or proceedings (including all costs relating to legal services) made or brought by any person against GKRS in relation to any unauthorised Transaction(s) other than those described in clause 9.6.2.

17. E-mail Address and other personal information

You shall notify GKRS promptly in the case of any change in your –

17.1 e-mail address;

17.2 telephone number; 

17.3 mailing address; or

17.4 any other pertinent account and/or contact information

and in the event of failure to supply such information GKRS shall be entitled and obliged to send all notices, statements, information and correspondence to you to the address maintained in GKRS’s records for such purpose. GKRS shall not be responsible/liable for any error or failure in performance of the Services due to incorrect or lack of current information. GKRS shall also not be liable in respect of any error or failure in performance due to any failure on your part to inform GKRS of any changes in your personal information.

18. Intellectual Property

You will not acquire any title, ownership interest or intellectual property right in the Services or manual relative thereto.  

19. Termination

19.1   GKRS has the right to terminate your Account (and/or the availability of the Services, or any of them,) at any time without it being necessary to state any reason or explanation for such termination. GKRS will ordinarily send you notice of any termination, but GKRS is not required to do so unless applicable law requires such notice. Once GKRS terminates your Account, no further or pending Transactions will be made, including but not limited to any Transactions scheduled in advance or any preauthorized recurring Transactions. 

19.2   GKRS may routinely terminate the Services (or any of them) (and/or the Agreement) in the event of your failure to utilize same within the first seven (7) days after activation or if the service has been inactive for a year.

19.3    These Terms & Conditions may be terminated by you by giving not less than seven (7) days’ notice in writing to GKRS and requesting payment of the balance on your Account without it being necessary to state any reason or explanation for such termination. However, any Instructions from you will continue in effect until GKRS has received your written notice of termination and has had a reasonable opportunity to act upon it. Once GKRS has acted upon your notice, no further or pending Transactions will be executed, including but not limited to any payments scheduled in advance or any preauthorised recurring transfers.  

19.4 On termination of your Account, GKRS will pay to you the amount representing the balance then standing to the credit of your Account, and such payment will be made no later than five (5) Business Days following GKRS’ receipt of written instructions from you in accordance with Clause 19.3 where you have requested closure of the Account or, where GKRS has terminated your Account, within five (5) Business Days following such termination. Where GKRS is no longer permitted or is unable to provide the Services under these Terms & Conditions and you have not been paid by GKRS within 30 days of making such a request you are entitled to obtain a refund of the balance standing on your Account by directly requesting same from the Custodian Bank.   

19.5 You will remain liable to GKRS for any and all Transactions requested while your Account is active and any and all claims arising from such Transactions and from the Terms & Conditions in general.   

20. Variations in Terms

20.1 GKRS reserves the right, solely and in its discretion, to amend the terms and conditions applicable to the Services as set out in these Terms & Conditions and the fees payable hereunder at any time provided that it will endeavour, but shall not be obliged, to give to you at least forty-five (45) days prior notice of the effective date of each such variation unless this is not reasonably practicable under the then given circumstances. In the event of the variation resulting in increased fees or charges, you shall be entitled to discontinue further use of the Services by giving notice of termination pursuant to clause 19 hereof.

20.2 In addition amendments to these Terms & Conditions may be effected by GKRS posting amended versions of these Terms & Conditions on the GKRS website and upon your utilizing the Services or any part thereof after such posting you shall be deemed to accept and agree to these Terms & Conditions with such amendments as may be included in such amended versions.

20.3     These Terms & Conditions can only be amended by GKRS.

21. Severance  

If any provision of these Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions which shall remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

22. Waiver

The failure by GKRS to enforce at any time or for any period any one or more of the terms and conditions of these Terms & Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of the Agreement.

23. Notices

23.1 Save as is otherwise expressly provided in these Terms & Conditions, any notice required to be given to the Customer shall be in writing and served by registered post, hand delivery or email, to the party concerned at:

23.1.1  its address as given in these Terms & Conditions or at any other address the party, including email address(es), has notified in writing to the other party for the purpose, including addresses given to GKRS during the application process; or

23.1.2 its registered office. 

23.2 Any notice required to be given to GKRS under these Terms & Conditions shall be in writing and served by registered post or hand delivery and shall be addressed to:

Operations Manager

GraceKennedy Remittance Services Limited

42-56 Harbour Street

Kingston

23.3 Any notice sent via registered post shall be deemed received by the addressee within seventy two (72) hours of posting and any notice hand delivered shall be deemed to be received by the addressee at the actual time of delivery.

• Entire Agreement

1. These Terms & Conditions (including the Schedules hereto and your application form), is, save as provided in clause 20, the complete and exclusive statement of the agreement between us with respect to the subject matter hereof and supersedes any prior agreement(s) between us with respect to such subject matter.

24.2 In the event performance of the Services provided herein in accordance with the terms of these Terms & Conditions would result in a violation of any present or future statute, regulation or policy then these Terms & Conditions shall, save and except where otherwise prescribed by GKRS be deemed amended to the extent necessary to comply with any such statute, regulation or policy, and GKRS shall incur no liability to you as a result of such violation or amendment.  

24.4 Nothing in these Terms & Conditions (or any of the arrangements contemplated hereby) shall be deemed to create a partnership between the parties. 

1.       Assignment & Use of Agents

25.1  GKRS may assign these Terms & Conditions at any time without the consent of the Customer.

25.2  You may not assign the Agreement or any rights or duties hereunder to any person without the prior written consent of GKRS.

25.3 We shall be entitled to appoint and use the services of any agent for the provision of the Services. 

1. Binding Agreement

These Terms & Conditions shall be binding upon and ensure to the benefit of the parties and their respective legal representatives, successors and assigns. 

• Governing Law & Dispute Resolution

27.1 GKRS will attempt to amicably settle with the Customer any claim or controversy arising out of or relating to these Terms & Conditions through consultation and negotiation in good faith and a spirit of mutual cooperation. Where the dispute cannot be resolved amicably within thirty (30) days after the dispute arises either GKRS or the Customer may by written notice to the other demand that the dispute be submitted to mediation.  When such a demand is made, the parties shall within 10 days jointly make arrangements for the mediation of the dispute over a period of 5 Business Days.  In the event that the parties cannot agree on a single mediator within fourteen (14) days of the date of the notice demanding mediation, then either party may, upon written notification to the other party, refer the matter to the Dispute Resolution Foundation, for the appointment of a Mediator, to mediate the dispute.  If the dispute has not been resolved within 60 days of any written demand for mediation, or within a longer time period to which GKRS and the Customer may agree, the dispute shall be submitted to binding arbitration.  Such arbitration shall be conducted by a single arbitrator, shall be governed by the Arbitration Act, and shall be held at a venue in Kingston, Jamaica.  The sole arbitrator shall be jointly appointed by GKRS on the one hand and the Customer on the other and for the purpose of facilitating such appointment GKRS or the Customer may serve a notice on the other party requesting the other party to concur in the appointment of an arbitrator from a list of three persons stated in such notice, and if agreement is not reached on the appointment of a single arbitrator within twenty-one days of service of the aforesaid notice then the appointment shall be made by the President for the time being of Jamaican Bar Association on the application of either party. A final judgment upon the award rendered by the arbitrator may be enforced in Jamaica and/or in other jurisdictions by suit on the judgment or in any other manner provided by law.  The arbitrator is not empowered to award damages in excess of compensatory damages.

1. Nothing in these Terms & Conditions will prevent any Party from resorting to judicial proceedings for the limited purpose of seeking a preliminary injunction or to avoid the barring of the claim under the applicable statute of limitations

1. These Terms & Conditions is governed by and shall be construed in accordance with the laws of Jamaica. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of Jamaica with respect to all proceedings referred to in the preceding paragraph over any claim or matter arising under or in connection with these Terms & Conditions or the legal relationships established by these Terms & Conditions and waive the defence of inconvenient forum in that connection.

1. Any negotiation or mediation which takes place pursuant to these Terms & Conditions shall be confidential and shall be treated as a compromise and settlement negotiation.

FIRST SCHEDULE

The Electronic Payment Services is an electronic system which permits you by the use of your personal mobile phone and or Card to do the following, namely –

1. Add Cash to your Account at locations designated by GKRS from time to time;
2. Withdraw Cash from your Account at locations designated by GKRS from time to time;
3. Withdraw Cash from your account at an Automated Teller Machine (ATM);
4. Transfer funds from your Account to another participant of the Electronic Payment Services network;
5. Pay bills to any Payee designated by you (Bill Pay Service) by instructing GKRS to make payments to an approved biller at specified intervals or on an ad hoc basis pursuant to these Terms & Conditions;
6. Electronically Purchase mobile Top Up;
7. Electronically instruct GKRS to add remittances received to your Account Purchasing goods and/or services at participating merchant locations

GKRS shall be entitled to amend the list of Services above without reference to you.

SECOND SCHEDULE

DEFINITIONS AND INTERPRETATION

1. Definitions

In these Terms & Conditions the following terms and expressions shall have the following meanings – 

1. Interpretation

1. The preamble and preliminary recitals set forth above are by this reference incorporated in and made a part of these Terms & Conditions.

1. Words importing one gender shall be construed as importing any other gender.

1. Words importing the singular shall be construed as importing the plural and vice versa.

1. Words importing persons may, as applicable, be construed as importing a corporate body and/or a partnership and vice versa.

1. Where any party comprises of more than one person the obligations and liabilities of that party under these Terms & Conditions shall be joint and several obligations and liabilities of those persons.