Terms & Conditions


This AGREEMENT contains the terms and conditions governing your (“the Customer”) use of Electronic Payment Services offered by GraceKennedy Payment Services Limited (“GKPS” “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:
(i) you have carefully read and understood the terms and conditions set out below;
(ii) you understand, among other things, that all the risks associated with using the Services are entirely and solely yours; (iii) you are entering into a contract with GKPS as detailed in these terms and conditions; and
(iv) 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 GKPS in its sole discretion.


1. Recitals - Request for and Agreement to Provide the Services
1.1 GKPS has developed certain Electronic Payment services more particularly described in the First Schedule here to as “the Services”;
1.2 you have requested that the Services be made available to you by GKPS and GKPS 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”).

2. Definitions and Interpretation

In this Agreement the terms and expressions used shall have meanings detailed in the Second Schedule here to and the relevant principles of interpretation shall be as detailed in the said Second Schedule.

3. The Agreement to Provide the Services

3.1 GKPS 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 GKPS may permit you to initiate Instructions to facilitate Transactions to and/or from your Account(s), by means employed by GKPS 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 GKPS 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 GKPS.

4. Requirements for access to the online services& Customer Training

4.1 You must open and maintain an Account with GKPS in order to be eligible to access the Services. However GKPS 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.
4.2 You must also have a valid PIN Code to be able to conduct Transactions unless otherwise decided by GKPS from time to time.
4.3 GKPS 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.

5 Secure your Access Code(s) and Account Information

5.1 You agree that the requirement of Access Code(s) is reasonable and acknowledge that this is designed to authenticate Transactions as yours.
5.2 You shall not disclose and will take all necessary steps to prevent the disclosure of your Access Code(s). 5.3 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.
5.4 You shall immediately notify GKPS by calling GKPS at 1876-733-7722 such other telephone number(s) as GKPS 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 GKPS to establish one or more new Access Codes as the circumstances may require.
5.5 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 GKPS immediately of such loss, theft or destruction of the Card and the circumstances thereof. You may also be required by the GKPS to confirm the loss, theft or destruction of the Card and the circumstances there of in writing.
5.6 You agree that you shall use the Access Code(s) exclusively in accordance with this Agreement and/or GKPS’s instructions and directions as made known to you at any time and from time to time.
5.7 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).
5.8 You may also be required by GKPS to change your Access Code at any time and from time to time and hereby agree to comply with such valid requests.
5.9 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”).
5.10 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.
5.11 In addition to using the Access Code(s) you may be required by GKPS to provide information to verify that you are the Account holder or otherwise identify yourself.
5.12 If you have given someone your Access Codes and want to terminate that person’s authority, you must notify GKPS in writing that Transactions by such a person are no longer authorised. GKPS may have to change your Access Codes or take additional steps to prevent further access by such person and you must comply with same.
5.13 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 this Agreement you are further deemed to have authorised all Unauthorised Transactions save and except Unauthorised Transactions described in clause 9.6.2.
5.14 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:
5.14.1 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;
5.14.2 if the Account Information is not received by you within forty-eight (48) hours of your Transaction, you are obliged to obtain your Account Information from GKPS or its agents;
5.14.3 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.
5.14.4 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.
5.14.5 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 this Agreement 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

6.1 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.
6.2 You warrant that you are duly authorised to enter into this Agreement 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 in this Agreement.
6.3 GKPS shall be entitled to rely on any Instructions and or written notice believed by it in good faith to be signed by you. 6.4 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 this Agreement.
6.5 You hereby agree that you will, among other things,
6.5.1 conform all Transactions to the format, content and specifications prescribed by GKPS from time to time;
6.5.2 comply with the law and security procedures prescribed by GKPS from time to time for carrying out all Transactions and operating your Account;
6.5.3 not use the Services for any unlawful purpose or in any manner that in the opinion of GKPS 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;
6.6 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 GKPS on the opening of the Account and from time to time. GKPS reserves the right to decrease the prescribed limit in the event of an emergency provided that GKPS will advise you of any such decrease as soon as possible.
6.7 Without prejudice to any other provisions regarding indemnity in the Agreement you shall indemnify GKPS 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.

7. Transactions Involving Insufficient Account Balances

7.1 You must have enough available credit in any Account from which you instruct GKPS 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) GKPS may refuse to complete the Transaction.
7.4 If GKPS does not execute or reverses a Transaction, because of an insufficient balance, GKPS 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 GKPS.
7.5 GKPS will NOT be liable if you do not have insufficient 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. Applicable Fees and Charges

You hereby agree:
8.1 to pay to GKPS such fees for the Services (and any actions connected thereto) as may be charged by GKPS or any relevant third party from time to time as implemented varied and/or published by GKPS (or any relevant third party) from time to time and in the manner prescribed by GKPS;
8.2 that GKPS may debit your Account for the fees and charges due for the use of the Services and GKPS’s fees and charges.

9. Limit on GKPS’s Liability

9.1 GKPS 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 GKPS 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 willful misconduct in performing those Services.
9.3 The parties agree that GKPS 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 GKPS complete, correct telephone numbers or other identifying information so that GKPS can properly complete a Transaction or if you fail to give Instructions as and within the time period required herein and by GKPS from time to time.
9.4 In no event shall GKPS 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 this Agreement.
9.5 Without limiting any other provisions of this Agreement:
9.5.1 GKPS 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 GKPS’s control;
9.5.2 GKPS 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, GKPS’s liability for loss shall be limited as follows:
9.6.1 If GKPS fails or delays in effecting a Transaction pursuant to your Instructions, or if GKPS 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, GKPS’s liability shall be limited to interest on the amount that GKPS 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. GKPS may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will GKPS be liable to both parties, and our payment to either party will fully discharge any obligation to the other;
9.6.2 If GKPS 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 GKPS permits an Unauthorised Transaction after GKPS has had a reasonable time to act on a notice from you of possible unauthorised use as described above, or if GKPS erroneously effects a Transaction involving a debit to your Account in the absence of Instructions from you, then unless otherwise required by law, GKPS’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 GKPS becomes liable to you for interest compensation under this Agreement 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, GKPS 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 GKPS 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 GKPS shall be entitled to rely absolutely on the information, representations, and warranties provided by you pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof.

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 hereby acknowledge and accept that the use of the Services carries certain inherent risks.
10.3 By using the Services you assume full responsibility for the risks which risks include, among others, the following possibilities;
10.3.1 yourAccount being accessed by a third party e.g. where you have permitted your Access Codes to be disclosed; or
10.3.2 delays in the transmission of your Instructions
10.3.3 the Services being unavailable from time to time due to either scheduled or unscheduled maintenance or malfunction
10.4 By signing this Agreement, 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

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

12. Indemnity

12.1 You shall indemnify and keep indemnified GKPS from and against any and all loss damage or liability (whether criminal or civil) suffered (along with legal fees and costs incurred) by GKPS 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 this Agreement) of yours or any of your Users under this Agreement.
12.2 Without prejudice to the generality of the foregoing and other provisions of this Agreement if a fine is assessed against GKPS 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 GKPS.

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 GKPS electronically or otherwise as determined by GKPS 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 GKPS 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 GKPS 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
14.1.3 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
14.1.4 it is otherwise required or allowed by law or legal process to do so.
14.2 Notwithstanding the other provisions of this clause 14GKPS may disclose information regarding you to any of its affiliates, agents and subcontractors for operational, marketing or any other legitimate business purpose. You hereby agree that GKPS 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 GKPS 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 GKPS 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 GKPS 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. GKPS does not however guarantee that the Services will always be available.
15.2 GKPS’s telephone service, including at the numbers given in this Agreement (and from time to time) will only be available during the hours of 08:00am and 5:00pm (or such hours as prescribed by GKPS from time to time or at any time) and GKPS shall not be liable for any losses suffered by you as a result of the unavailability of telephone contact during other hours.
15.3 The Services may not be available from time to time for scheduled or unscheduled maintenance but GKPS will endeavor to ensure that such interruptions in service are reduced to the minimum.

16. Unauthorised Use

Save as expressly detailed in clause 9.6.2, GKPS 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 GKPS 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 GKPS 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 should notify GKPS 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 information and in the event of failure to supply such information GKPS shall be entitled and obliged to send all notices, statements, information and correspondence to you to the address maintained
in GKPS’s records for such purpose.

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 GKPS has the right to terminate this Agreement (and/or the availability of the Services) at any time without it being necessary to state any reason or explanation for such termination.GKPS will ordinarily send you notice of any termination, but GKPS is not required to do so unless applicable law requires such notice. Once GKPS terminates this Agreement, 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 GKPS 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 This Agreement may be terminated by you by giving not less than seven (7) days’ notice in writing to GKPS 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 GKPS has received your written notice of termination and has had a reasonable opportunity to act upon it. Once GKPS 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 this Agreement, GKPS will pay to you in cash the amount representing the balance then standing to the credit of your Account, and such payment will be made no later than three (3) Business Days following GKPS’ receipt of written instructions from you in accordance with Clause 19.3 where you have requested closure of the Account or, where GKPS has terminated this Agreement, within three (3) Business Days following such termination. Where GKPS is no longer permitted or is unable to provide the Services under this Agreement and you have not been paid by GKPS 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 GKPS for any and all Transactions requested while your Account is active and any and all claims arising from such Transactions and from the Agreement in general.

20. Variations in Terms

20.1 GKPS reserves the right, solely and in its discretion, to amend the terms and conditions applicable to the Services as set out in this Agreement and the fees payable hereunder at any time provided that it will endeavour, but shall not be obliged, to give to you at least seven (7) 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 this Agreement may be effected by GKPS posting amended versions of this Agreement on the GKPS website and upon your utilizing the Services or any part thereof after such posting you shall be deemed to accept and agree to this Agreement with such amendments as may be included in such amended
20.3 You may not amend the terms of this Agreement without the written consent of GKPS.

21. Severance

If any provision of this Agreement 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 this Agreement 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 GKPS to enforce at any time or for any period any one or more of the terms and conditions of this Agreement 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 this Agreement, any notice required to be given under this Agreement must be in writing and served by registered post or by hand delivery to the party concerned at:
23.1.1 its address as given in this Agreement or at any other address the party has notified in writing to the other party for the purpose; or
23.1.2 its registered office.
23.2 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.

24. Entire Agreement

24.1 This Agreement (which includes your Registration Form and Schedules hereto), is, save as provided in clause 20, the complete and exclusive statement of the agreement between us with respect to the subject matter here of and supersedes any prior agreement(s) between us with respect to such subject matter.
24.3 In the event performance of the Services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation or policy then this Agreement shall, save and except where otherwise prescribed by GKPS be deemed amended to the extent necessary to comply with any such statute, regulation or policy, and GKPS, shall incur no liability to you as a result of such violation or amendment.
24.4 Nothing in this Agreement (or any of the arrangements contemplated hereby) shall be deemed to create a partnership between the parties.

25. Assignment& Use of Agents

25.1 GKPS may assign this Agreement at any time without the consent of the Customer.
25.2 You may not assign the Agreement or any rights or duties here under to any person without the prior written consent of GKPS.
25.3 We shall be entitled to appoint and use the services of any agent for the provision of the Services.

26. Binding Agreement

This Agreement shall be binding upon and enure to the benefit of the parties and their respective legal representatives, successors and assigns.

27. Governing Law& Dispute Resolution

27.1 GKPS will attempt to amicably settle with the Customer any claim or controversy arising out of or relating to this Agreement 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 GKPS 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 GKPS 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 GKPS on the one hand and the Customer on the other and for the purpose of facilitating such appointment GKPS 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.
27.2 Nothing in this Agreement 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
27.3 This Agreement 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 this Agreement
or the legal relationships established by this Agreementand waive the defence of inconvenient forum in that connection.
27.4 Any negotiation or mediation which takes place pursuant to this Agreement shall be confidential and shall be treated as a compromise and settlement negotiation.


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 -
(I) Add Cash to your Account at designated GKPS agent locations;
(II) Withdraw Cash from your Account at designated GKPS agent locations;
(III) Withdraw Cash from your account at an Automated Teller Machine (ATM);
(IV) Transfer funds from your Account to another participant of the Electronic Payment Services network; (V) Pay bills to any Payee designated by you (Bill Pay Service) by instructing GKPS to makepayments to an approved biller at specified intervals or on an ad hoc basis pursuant to this Agreement.
(VI) Electronically Purchase Mobile Top Up
(VII) Purchasing goods and/or services at participating merchant locations;
(VIII) Electronically instruct GKPS to add remittances received to your Account (Availability of loading remittance services to be advised by GKPS).


1. Definitions
In this Agreement the following terms and expressions shall have the following meanings:

Access Code(s) refers to the identification information needed to access the Services via your mobile phone from time to time and includes (i) your User ID assigned by GKPS and (ii) the Password (or PIN Code) selected by you.
Account rmeans the account opened by you with GKPS in respect of the Services for the purpose of electronically storing monetary value and to which credits and debits of monetary value may be made using the Service subject to any limits set by GKPS from time to time.
GKPS or us or we means GraceKennedy Payment Services Limited.
GKPS’s Website or the Website means www.gkmsonline.com or such other address as may exist for GKPS’s website from time to time.
Bill Pay Service means the service by which GKPS will make (or arrange for) payment to Payees in accordance with the terms of this Agreement from the balance in your Account in accordance with the instructions received from you.
Business Day means a day (other than a Saturday or Sunday or a public holiday) on which commercial banks are open for banking business in Jamaica.
Card means the stored value card issued by GKPS used by the Customer to access the Services.
the Customer or you means a person who has properly completed our account opening procedure for the Services and who has by doing so requested access to the Services and GKPS has agreed to offer the Services.
Custodian Bank means First Global Bank or such other Bank as appointed by GKPS from time to time to maintain a trust account for the pooled funds of the Customers
Instructions means all instructions in respect of your Account which are sent to GKPS using the Services in the manner permitted by this Agreement and which are used to initiate Transactions.
Mobile Phone Handheld device used to access the Services
Online means through the Internet by use of a mobile phone or other screen-based electronic device.
Payee means the individual, merchant or institution to be paid by you via the use of the Services.
the Services means the individual, merchant or institution to be paid by you via the use of the Services.
SMS The Secured Messaging Services provided by GKPS in respect of the Services.
Transaction means a transaction executed by or on behalf of a Customer using the Services.
Transfer means a transfer of funds from time to time and at any time between eligible Customer accounts initiated through use of the Services by GKPS’s Customers.
User(s) means person(s) authorised by you as users of the Service.

2. Interpretation

2.1 The preamble and preliminary recitals set forth above are by this reference incorporated in and made a part of this Agreement.
2.2 Words importing one gender shall be construed as importing any other gender.
2.3 Words importing the singular shall be construed as importing the plural and vice versa.
2.4 Words importing persons may, as applicable, be construed as importing a corporate body and/or a partnership and vice versa.
2.5 Where any party comprises of more than one person the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons.

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