THE AZAPAY mobile application service, website and/or software application (collectively, referred to as 'Service') enables you to transfer funds between your mobile money wallet and your bank account, as well as to the wallet or account of another user. You may also use your supported mobile money wallet, account or credit to purchase airtime and for utilities offered by third parties (collectively referred to as 'Products and Sevices'). The Service is operated by HotBox Technology ltd ('HotBox tech'), subject to these Terms of Service ('Terms').
Terms of Service
1. This is a Contract
These Terms constitute a contract between you and Azapay. You may not use the Service if you do not accept these Terms. By using any part of the Service you accept these Terms. If you are under eighteen (18) years of age, you may not use the Service.
2. Account Registration
You must register an account with valid information. To use the Service, you must: (a) provide a valid mobile phone number; (b) agree to the creation of an account associated with such number; (c) accept the present Terms; and (d) submit such other and additional information as Azapay may request during registration. You agree to provide true, accurate and complete information about yourself as prompted by Azapay during the account registration process. You will be given the option of creating a unique PIN and TAG (referred to as 'AZA-PIN' and 'AZA-TAG' respectively) for purposes of carrying out transactions in your Azapay account. You are responsible for keeping your PIN/TAG secure. Your personal information is protected in accordance with our Privacy Policy published and updated on our platform. However if a third party have access to your PIN, whether through your negligence or otherwise direct authorization, Azapay shall not in anyway be liable for any transfer, loss, damages or cost incurred as a result of the act done on your Azapay account by this disclosure of your PIN to the third party. The Azapay Products and Sevices shall only be made available to you once our Know Your Customer process has been complied with by you and your identification has been verified. A non-Azapay user who wishes to transfer of funds using the platform through an Azapay Agent can also successfully do so. And will be given a unique ACCESS CODE and an option of showing a valid means of identification which must be tally with that of the recipient on the other end. You are responsible for keeping your ACCESS CODE secure. Your personal information is protected in accordance with our Privacy Policy published and updated on our platform. However if a third party have access to your PIN, whether through your negligence or otherwise direct authorization, Azapay shall not in anyway be liable for any transfer, loss, damages or cost incurred as a result of the act done on your Azapay account by this disclosure of your ACCESS CODE to the third party.
Where a non-Azapay user opt not to show any valid means of Identification, he may carry out the transaction, however Azapay shall not in anyway be liable for any transfer, loss, damages or cost incurred as a result of the act done on your Azapay account by this disclosure of your PIN to the third party.
Third party merchants offer the Products & services. The Service provides you with a method of discovering offers from independent third party (herein referred to as 'Merchants'). These Merchants sell their respective Products and Sevices subject to their own terms and conditions. If you decide to purchase Products and Sevices from third party Merchants, you do so at your own risk and subject to the relevant Merchant's terms and conditions. The Products and Sevices are not investigated, monitored, or checked for accuracy, reliability, appropriateness or completeness by Azapay. By permitting you to discover Products and Sevices via the Service, Azapay does not imply approval or endorsement of such Products and Sevices. You agree that Azapay is not responsible or liable for the Products and Sevices you purchase from Merchants.
Payments are processed by third parties. In order to facilitate your purchases from Merchants, Azapay has integrated its Service with the billing solutions of certain mobile money providers and issuing banks ('Payment Processors'). If you purchase a Products and Sevices from a Merchant using your supported mobile money wallet or account, payments will be processed by such Payment Processors. Payment Processors have their own terms and conditions governing your use of their payment services. You understand and agree that Azapay does not process payments and is not responsible or liable for any transactions in which you engage. By engaging in a purchase transaction using your mobile money account, you authorize the Merchant (or Azapay on its behalf) to bill your account for the purchase amount. Your privacy is important to us. Azapay takes the matters of protection and security of its users' information very seriously. Azapay's privacy policy governing the Service is attached to these Terms ('Privacy Policy'). The Privacy Policy is incorporated into these Terms by this reference. By using the Service, you agree to the use of your data in accordance with Azapay's Privacy Policy. The Privacy Policy addresses only the information collected by Azapay in providing the Service to you. Merchants and Payment Processors have their own information gathering practices that will apply when you choose to purchase Products and Sevices.
Products and Sevices inquiries should be submitted to the relevant Merchant. If you have any questions, concerns or requests related to a Products and Sevices you have purchased from a Merchant, you should contact the Merchant directly or contact us at help@azapay.ng . Each Merchant maintains its own customer contact desk for handling such requests, however Azapay may do its best effort to assist you. If you wish to submit a complaint about the practices of a Merchant offering its Products and Sevices via the Service, you may contact us by email at help@azapay.ng.
Azapay may contact you regarding your account or the Service. You expressly agree that, as part of the Service, you may, from time to time, receive communications from Azapay on service-related messages via email, instant message, telephone, text message (SMS) or other means. Azapay may discontinue the Service. Azapay may in its sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that Azapay will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
3. Services Description
There are different modes of deposit provided to you. No matter which of the modes you choose, you can deposit your money electronically into the account opened in our Platform to receive our Azapay services.
- Withdrawal: You are entitled to withdrawal your deposited money anytime in accordance with our withdrawal policies published on our Platform or send to you via other methods.
- Consumption: You can use your Azapay balance for any applicable consumption, whether it's online or offline.
- Transfer: You can transfer your Azapay balance to your own bank accounts, others' bank accounts, other users' Azapay wallet account or any account that is supported by our APP and Platform
4. Anti-Fraud
You must not use the Service to violate or infringe the rights of any other person, including the rights of other users, Azapay rights in the Service or Merchants' rights in their Products and Sevices. You must not breach any laws or regulations when using the Service or attempt to disrupt or interfere with the security or functionality of the Service. In the event Azapay has the suspicion you are using the Services for illegal activities such as fraud, Azapay will block your account immediately. You agree and acknowledge that where the funds in your Azapay wallet have been flagged as or are suspected of being fraudulent in nature, Azapay may immediately suspend your account and retain the funds pending an investigation. If you elect to lock an amount in your Azapay wallet, such lock will remain in place for an agreed period time. If you elect to lift the lock on the account prior to the agreed date, you agree that Azapay may impose a penalty on you for lifting such lock and which amount Azapay may immediately deduct from your Azapay wallet balance. Interest accrued on your Azapay wallet will be calculated annually and credited daily. If you wish to withdraw funds from your Azapay Wallet, such funds shall only be transferred to your Azapay Wallet. You irrevocably agree that where you select the option to transfer funds from your Azapay Wallet balance to your Azapay account such transfer shall take place daily at a time designated by Us. The automatic transfer can be switched off at any time by you. At our discretion, you may be granted the option to effect payment for other Azapay services (as designated by Azapay from time to time) with funds held in your Azapay wallet
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