Updated: February 27, 2024
The Yellow Pay service ("Service") is provided by Yellow Card ("we", "us", "our", or "Yellow Card") through our website (yellowcard.io) and mobile site (collectively, the "Website"). By accessing, using or attempting to use the Service, you acknowledge being legally bound by these terms of use in addition to the Yellow Card general User Agreement, Privacy Policy and other terms published on our Website (together, this “Agreement”). This Agreement is made between you ("you", "your", or "Sender") and Yellow Card.
1. Description of the Service
1.1 The Service provides you with the ability to send and receive value cross-border in which you, as Sender, send a designated amount of value in USDT (the “Transfer Amount”) through our cryptocurrency exchange platform (the “Exchange Platform”) to a designated recipient within the Exchange Platform (the “Receiver”) (each such transaction, a “Transfer”) who then liquidates the USDT for local currency. We allow the Receiver to liquidate the USDT on the Exchange Platform and receive value in their local currency.
2. Eligible Account
2.1 Both the Sender and Receiver must have an Eligible Account (individually) to send and receive funds through our Exchange Platform. This implies the Sender and the Receiver must meet the criteria and conditions stipulated by Yellow Card and, most importantly, must have successfully passed through the Yellow Card identity verification and sanction screening procedure. Subject to our discretion, the Receiver may be allowed to receive funds pending completion of the identity verification and sanction screening procedure.
2.2 Each account is placed on a tier in line with our transaction limit policy.
2.3. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your Account login credentials. You agree that, to the fullest extent permitted by applicable law, you assume the entire risk for all use, including any fraudulent or unintentional use, of your User ID and password and that we shall not have any responsibility or liability to you or any other person for any losses or damages that you or anyone else may suffer if you disclose your User ID and password to any other person, or if your Account is otherwise compromised.
3. Use of the Service
3.1. In order to use the Service, you must have signed up for an account with Yellow Card and completed the identity verification and sanction screening process and other relevant requirements to establish an Eligible Account. You may only use the Service for lawful purposes.
3.2. The volume of funds to be sent by the Sender is dependent upon the Sender’s daily transaction limit, and the volume of funds to be liquidated by the Receiver is also dependent on the Receiver’s daily transaction limit. The Sender and the Receiver have the option to upgrade to a higher tier to increase their daily transaction limits where desired and appropriate.
3.3. If the Receiver does not possess a Yellow Card account at the time of the Transfer, the Sender has the option to invite the Receiver to receive funds through Yellow Card Exchange Platform. Upon receipt of the invite notification by the Receiver, the Receiver shall, within seven (7) days, sign up for an account, failure of which will trigger funds reversal to the Sender. It is the responsibility of the Receiver to create a Yellow Card account in order to complete the Transfer initiated by the Sender, which would be pending for seven (7) days only, after which the Transfer would be cancelled, and the Funds reversed to the Sender.
3.4. Further to clause 3.3 above, the Sender hereby consents and authorises Yellow Card to hold the Funds for a maximum period of seven (7) days, at the end of which the Funds shall be reversed to the Sender if the Receiver fails to establish a Yellow Card account to receive the Funds. No interest shall accrue thereon.
3.5. The Parties acknowledge and agree that the invite notification mentioned in clause 3.3 is a transactional message and does not in any form constitute a “marketing or promotional communication”. The invite notification is sent on behalf of the Sender to the Receiver for transactional purposes only. The Sender shall indemnify Yellow Card against any claim arising from the invite notification to the Reciever.
4. Transactions
4.1 We may, without notice (except as required by law) and without liability, to you, the Sender, or the Receiver, refuse to honour any instruction for a Transfer or withdrawal, suspend or deactivate your Account, stop or reverse any Transfer, or otherwise suspend or terminate access to or refuse to provide the Service at any time in our sole and absolute discretion, including, without limitation:
4.1.1 if we believe, in our sole and absolute discretion, that you directly or indirectly use, or attempt to use, the Service for any unlawful or improper purpose;
4.1.2 if you fail to complete our identity verification and sanction screening process.
4.1.3 if you provide incomplete, incorrect or false information about yourself or about a Receiver;
4.1.4 if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our Website or the Service;
4.1.5 if we have reason to believe that any Transfer may not be authorized by you;
4.1.6 if you have breached any term or condition of this Agreement or any representation or warranty that you make hereunder is false, inaccurate, or misleading;
4.1.7 if any Transfer would violate or contradict the terms of this Agreement or any of our policies, procedures or practices, or would violate any law, rule or regulation applicable to the Service, you or any Receiver; or
4.1.8 for our protection or yours, we have reasonable cause not to process the Transfer request; or
4.1.9 the Receiver is a banned user.
4.2 You agree that we shall not be responsible or liable to you or any other person for such action except as may be provided under applicable law.
4.3 You agree that by submitting information to establish an Eligible Account, or by initiating any Transfer or otherwise accessing or using the Service, you are representing that all of the information that you have provided is true, complete and accurate in all respects.
4.4 We are entitled to rely on any information you provide, and you understand that it is your responsibility to promptly update your information with us.
4.5 All communications we send shall be deemed to have been provided to you if they are sent to you using the contact information that you have provided or that we have on record for you at the time the communication was sent.
5. Initiating a Transfer
5.1 To initiate a Transfer, you, the Sender, must follow the following steps;
5.1.1 load your fiat wallet with us through the available funding method;
5.1.2 click on the PAY icon and follow the instructions to send funds to the Receiver,
5.1.3 once you input the amount you intend to send to the Receiver, it is converted to USDT (Transfer Amount), and upon receipt by the Receiver, the Transfer Amount is automatically converted to the Receiver’s local currency. The conversion occurs without any additional effort from the Sender or the Receiver.
5.1.4 Where the Receiver is not an existing user, you must invite the Receiver to sign up for an account with us in order to receive the Transfer Amount.
5.2 We reserve the right to impose restrictions on each Transfer Amount. Any such limitations and/or other applicable restrictions on the Transfer will be posted on our Platform or disclosed to you when you initiate a Transfer or the Receiver initiates a sale or a withdrawal.
5.3 All fees to be imposed by us for any Transfer (each, a "Transfer Fee"), all taxes collected by us and charged to you as part of the Transfer ("Transfer Taxes"), and all applicable third-party fees that are required to be disclosed to you by us ("Other Fees"), shall each be as identified on the applicable disclosure(s) generated with your Transfer. The provider of your Payment Method may impose additional fees in connection with your use, or attempted use, of your Payment Method to make payment for a Transfer. Fees imposed by such provider or by any other person not directly a party to the Transfer, such as the Receiver's financial institution, may not be reflected in any pre-payment disclosure or on the Transaction Receipt.
5.4 We reserve the right to refuse a Transfer or restrict the funds of a Transfer from being collected by the Receiver if we reasonably believe that: (a) doing so might be prohibited by applicable law, regulations, rules, or any other duty or requirement applicable to us; (b) doing so may expose us to any action from any governmental or regulatory authority, or (c) it may be connected to fraudulent or illegal activities. In certain circumstances, legal or regulatory requirements may prevent us from being able to share with you the specific reason(s) why we are unable to send your requested Transfer. A Transfer made in conjunction with an initial application for a User Account will be delayed until your identity and funding information has been fully confirmed by us.
5.5 For each Transfer you initiate, you authorize us to debit or charge, as applicable, any fees, including the Transfer Fee and charges.
5.6 We shall have no obligation to effect a Transfer unless sufficient funds or credit are available in your wallet, and we shall not have any liability if a Transfer is not effected as a result of the unavailability of sufficient funds or credit.
6. Receiving a Transfer
6.1 The Transfer Amount will be credited to the Receiver’s wallet with us.
6.2 Once the Receiver receives the Transfer Amount in the Receiver’s wallet, the Receiver may liquidate the proceeds in their local currency or, with the Transfer Amount conduct a supported transaction on our Exchange Platform, subject to the Receiver’s daily transaction limit and completion of identity verification and sanctions screening process.
6.3 Not all Payment Methods are permitted in all jurisdictions. The available Payment Method(s) will be indicated on our Website at the time of withdrawal by the Receiver.
6.4 A transfer is deemed completed by us and delivered, and we have no further liability to you when we have transferred the relevant amount to the Receiver’s wallet with us. The Receiver may wish to liquidate the Transferred Amount immediately or put it into other use at their sole discretion and without liability to us.
7. Exchange Rates
7.1 In addition to the Transfer Fee applicable to a Transfer, a currency exchange rate may be applied at the point of conversion to USDT by the Sender and subsequent conversion to local currency by the Receiver. Certain currencies and/or digital assets will be converted to other currencies at an exchange rate set by us (the "Exchange Rate"). You agree to accept our Exchange Rate as the sole pricing metric in using the Service. Withdrawals will generally be made in the national currency of the Receiver ("Local Currency").
8. Cancellation
8.1 Once you send the Transfer Amount, you cannot cancel or reverse the transfer or revoke our authorisation to complete the Transfer. We reserve the right to reject any cancellation or reversal request without liability to you or a third party.
8.2 Upon execution of the Transfer, your account will be updated to reflect that the transaction has been executed. However, If your account does not have sufficient funds to execute the Transfer, we have the right to cancel the transaction.
8.3 We also reserve the right to decline or cancel a Transfer to a User on our Banned List, such Users are prohibited from using our Platform.
9. Indemnification
Except to the extent that we are otherwise liable under this Agreement or under applicable law, you agree to indemnify and hold us and our shareholders, subsidiaries, and affiliates, and our and each of their respective directors, officers, employees, agents, representatives, suppliers, and other service providers harmless from and against any and all losses, liabilities, claims, demands, judgments and expenses, including, but not limited to, reasonable attorneys’ fees, arising out of or in any way connected with your use of or the performance of the Services.
10. Limitation of Liability; Disclaimer of Warranties
10.1 Unless applicable law requires otherwise, for every default or breach of contract by us, your exclusive and maximum remedy against us is a refund of the Transfer amount only. No other remedy is available to you, including, but not limited to, any remedy for incidental, indirect, special or consequential damages. These limitations apply whether your claim arises due to our negligence, other faults, errors, omissions, or non-performance. We accept no responsibility for the acts or omissions of any third party.
10.2 We shall not be liable to you or the Receiver: (a) for any delays or mistakes, or any claims, losses, or damages, resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, or riots; (b) for any claims, losses, or damages resulting from your failure to comply with these terms, communication system failures, or malfunctions attributable to your device, any internet service, or any payment system; (c) if we are unable to complete a Transfer because you have insufficient funds for us to debit against or the funds are subject to a hold, legal process or other claim restricting transfers at the time we attempt to debit your wallet; (d) if you did not follow the Transfer instructions properly; (e) if you did not provide us with correct, complete or timely information; or (f) if the Receiver refuses or fails to sign up or pass our identity verification and sanction screening criteria, or upgrade to a higher tier to increase the Receiver’s transaction limit.
10.3 You expressly agree and understand that the service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Dispute Resolution and Governing Law
Please refer to our User Agreement. The same provisions apply.
12. Miscellaneous
12.1 Entire Understanding. This Agreement constitutes the entire agreement between you and us regarding the use of the Service and supersedes any prior agreements between you and us to the extent that they might otherwise apply to the Services. Otherwise, any such other agreements remain in full effect in accordance with their terms.
12.2 Headings. The headings contained in this Agreement are inserted for convenience purposes only and shall not affect the meaning or interpretation of this Agreement.
12.3 Assignment. You may not assign this Agreement to any other party. Yellow Card may freely assign this Agreement or delegate any of its rights or obligations hereunder to any third party without your consent and without notice to you.
12.4 No Waiver. We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and is signed by us. Our delay or failure to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.
12.5 Links to Other Sites. Our Website may contain links to other websites that are not under our control. We are not responsible for the contents or transmission of any website to which a link is provided. Links do not imply that we endorse any such websites, and we do not represent that they are error or virus free, and we hereby expressly disclaim any liability therefor.
12.6 Severability. You and we agree that if any portion of this Agreement is found to be invalid, illegal or unenforceable, that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
12.7 Variations. We may change or modify the terms and conditions of this Agreement from time to time at our sole and absolute discretion. We agree to notify you of such changes or modifications by posting the revised version of this Agreement on our Website. Prior notice of changes may not be given. By continuing to use the Service or initiating Transfers after any such change, you agree to be bound by the changed terms and conditions of use as of the effective date of such changes.
12.8 South African Law. By using Yellow Pay, the user represents and warrants that they are in compliance with all relevant laws, regulations and rules regarding the transfer of capital abroad and that they have not exceeded their single discretionary allowance (SDA) or foreign investment allowance (FIA), or, if such allowances are or will be exceeded, that they are responsible for the submission of the required tax clearing certificate to the Financial Surveillance Department of the South African Reserve Bank through an Authorised Dealer or ADLA. Yellow Card accepts no liability arising from a breach of any relevant regulation by the User.