1. Introduction

HOTBOX TECHNOLOGY we respects the privacy of our users. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (AZAPAY). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.

Collection of personal information

We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:

1. Personal Data: Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as sharing usernames, receiving payments, making payments. If you choose to share data about yourself via your profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application.
2. Derivative Data: Information our servers automatically collect when you access the Application, such as phone contacts to determine users that already use the Application, but we do not store Contact Information on our servers.
3. Financial Data: Financial information, such as data related to your payment method (e.g. Linking other bank account) that we may collect when you fund your azapay account. [We store Your Bank Account Number created during signup, However, we do store the list of bank account linked by user.
4. Mobile Device Access: We may request access or permission to certain features from your mobile device, including your mobile device’s [camera, contacts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
5. Mobile Device Data: Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide
6. Push Notifications: We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

3. Use of your information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:

Assist law enforcement and respond to subpoena
Compile anonymous statistical data and analysis for use internally or with third parties
3. Create and manage your account.
Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you.
Email you regarding your account.
Fulfill and manage payments, and other transactions related to the Application
Generate a personal profile about you to make future visits to the Application more personalized.
Increase the efficiency and operation of the Application
Monitor and analyze usage and trends to improve your experience with the Application.
Notify you of updates to the Application.
Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds.
Request feedback and contact you about your use of the Application.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests
Send you a newsletter
Solicit support for the Application

4. Disclosure of your information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

1. By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
2. Third-Party Service Providers: We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
3. Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
4. Interactions with Other Users: If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including making payments to them, or requesting payment.
5. Other Third Parties: We may share your information with investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
6. Push Notifications: We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
7. Sale or Bankruptcy: If we re-organize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

5. No Warranties

The Service is provided without any warranties or guarantees. THE SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. AZAPAY AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE

6. Not Liable For Dameges

Azapay is not liable for any damages you may incure as a result of using the Services. IN NO EVENT SHALL AZAPAY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AZAPAY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

7. Dispute And Arbitration

Subject to the provisions of this Agreement, you agree that parties shall use their best endeavours to settle any dispute or difference between them arising from or connected with the interpretation, validity or implementation of this Agreement amicably. Any dispute which cannot be mutually agreed on by the parties shall be referred to arbitration. When you agree to arbitrate any disputes. This Agreement is subject to, and shall be governed by, and construed in accordance with the laws of Nigeria, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of this Agreement not solved by mutual agreement between the Parties shall be submitted to arbitration in the English language. The arbitration committee shall consist of three (3) arbitrators. Each Party shall appoint one arbitrator within five (5) days of notice to commence arbitral proceedings and the two arbitrators shall appoint the third arbitrator. The venue of the Arbitration shall be Lagos, Nigeria. The arbitration shall be conducted pursuant to the provisions of the Arbitration and Conciliation Act (Laws of the Federation of Nigeria 2004 Cap A18). The arbitral decision shall be final and binding on the Parties and shall be enforced by an order of the Court. The Parties unconditionally consent and submit to the jurisdiction of the High Court of Lagos, Nigeria for such purpose. Nothing in this Agreement will be deemed as preventing Azapay from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect Azapay's name, proprietary information, trade secrets, know-how, or any other intellectual property rights

8. Enforcement

Every provision of this Agreement is intended to be severable. If arbitration, a court of competent jurisdiction or other competent authority finds any part of this Agreement invalid, unlawful or unenforceable, then such part shall be severed from the remainder of this Agreement which will continue to be valid and enforceable to the full extent permitted by law

9. Duration

This Agreement shall come into force on the date the user accepts these terms electronically and will remain in force until its termination, whether by effluxion of time, or as a result of breach of any of its covenants, if same was not rectified within seven days of receipt of notice of breach in writing or on the determination and redemption of all the Investments made on behalf of the Investor. Either party can voluntarily terminate this Agreement upon giving FOURTEEN DAYS' notice of such intention in writing to the other party. However, the termination of this contract under any of the above circumstances shall not affect the existing obligations and liabilities of the parties herein

10. No Agency

Neither Party is authorised to act as an agent for, or legal representative of, the other party and neither Party shall have the authority to assume or create any obligation on behalf of, in the name of, or binding upon the other Party, save and except with the express consent in writing of the other Party

11. Modification

Azapay may modify these Terms. These Terms and related policies (including but not limited to the Privacy Policy) may be modified by Azapay. Azapay reserves the right to make such changes at any time and for any reason. You are encouraged to regularly review the terms on a continuous basis to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Term by your continued use of the Application after the date such revised Term is posted. You agree to be bound by the latest version of these Terms, after which it is your responsibility to remain informed of any changes.

12. Others

Alteration. No alteration, variation or agreed cancellation of this agreement, and this Products and Sevices, shall be of any effect unless directed so by us.
Binding Any decision, exercise of discretion, judgement or opinion or approval of any matter mentioned in this Agreement or arising from it shall be binding on the parties only if in writing unless otherwise expressly provided in this Agreement.
Notice Any notice pursuant to this Agreement shall be given by fax, electronic mail or letter and the onus of confirmation of receipt of such notices shall be on the sender.
Whole Agreement This Agreement constitutes the whole agreement between the parties in regard to the subject matter hereof and no warranties or representations of any nature whatsoever other than set out in this agreement have been given by any of the parties.
Waiver/Relaxation No relaxation or indulgence which Azapay may show to you shall in any way prejudice or be deemed to be a waiver of its rights hereunder. No term shall survive at the expiry or termination of this Agreement unless expressly provided. No delay or failure by either party to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or future exercise of them.
Survival Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
Confidential Information. Each Party shall keep confidential, any information concerning the other Party, which comes to its knowledge by way of obtaining, accessing, receiving or learning such information as a result of the provision of the Services or pursuant to this Agreement Confidential Information shall mean non-public information that a Party designates as being proprietary or confidential or which by its nature or the circumstances surrounding its disclosure reasonably ought to be treated as confidential. For this purposes, where a Party makes confidential information available to the other Party it shall be referred to as the “Disclosing Party” and the Party receiving such information shall be referred to as the “Receiving Party”. Confidential Information includes, without limitation and in whatever format, information relating to the Disclosing Party's software Products and Sevices, source code, API data files, documentation, specifications, databases, networks, system design, file layouts, tool combinations, development methods, consulting methodologies, user manuals and documentation, training materials (computer-based or otherwise), schema, flow charts, prototypes and evaluation copies of any of the foregoing, as well as information relating to the Disclosing Party's business or financial affairs, which may include business methods, marketing strategies, pricing, competitor information, Products and Sevices development strategies and methods, user lists and user information and financial results.
Force Majeure if either Party is rendered unable, wholly or in any material part, by reason of force majeure to carry out its obligation under this Agreement, then on such Party giving notice and particulars in writing to the other Party within seven (7) days or such other reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended. The term “Force Majeure”, as employed in this Agreement, shall mean acts of God, strikes, lockouts or other disturbances, acts of public enemies, wars, blockages, insurrections, riots, epidemics, fires, floods or any governmental prohibitions issued by any legitimate authority, including restrains of rules and people, civil disturbances and any other cause not within the control of the Parties. If the period of the Force Majeure continues for more than thirty (30) days then the Parties shall decide the appropriate steps to be taken at a meeting summoned for that purpose