Version 2.0 | 30th August 2022
Welcome to Zappay!
The Zappay service, website and/or software application (collectively, the “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 card to pay for products and services offered by third parties (“Products”). The Service is operated by Zappay Tech Limited (“Zappay”), subject to these Terms of Service (“Terms”).
Terms of service
This is a contract. These Terms constitute a contract between you and Zappay. If you do not accept these Terms, please do not use the Service. By using any part of the Service you accept these Terms. If you are under eighteen (18) years of age, you may not use this Service. You must register an account with valid information. To use the Service, you must: (a) provide a valid mobile phone number; (b) agree that an account associated with such number be created; (c) accept the current Terms; and (d) submit such other and additional information as Zappay may request. You agree to provide true, accurate and complete information about yourself as prompted by Zappay during the account registration process. You will be given the option of receiving a unique PIN for purposes of reusing your account.
NB:
You are responsible for keeping your PIN secure.
Third party merchants offer the goods & services. The Service provides an opportunity to discover offers from independent third party merchants (“Merchants”). These Merchants sell their respective Products subject to their own terms and conditions. To illustrate: • Airtime: If you choose to purchase pre-paid airtime, you do so pursuant to the relevant terms and conditions of your mobile telecommunications provider. • Utilities: If you choose to purchase pre-paid electricity or water, you do so pursuant to the relevant terms and conditions of the utility provider.
If you decide to purchase Products such as these from third party Merchants, you do so at your own risk and subject to the relevant Merchant’s terms and conditions. The Products are not investigated, monitored, or checked for accuracy, reliability, appropriateness or completeness by zappay. By permitting you to discover Products via the Service, Zappay does not imply approval or endorsement of such Products. You agree that Zappay is not responsible or liable for the Products you purchase from Merchants. Payments are processed by third parties. In order to facilitate your purchases from Merchants, Zappay has integrated its Service with the billing solutions of certain mobile money providers and QR code issuing company (“Payment Processors”). When you purchase a Product from a Merchant using your supported mobile money wallet or account or QR 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 Zappay 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 Zappay on its behalf) to bill your account for the purchase amount. Your privacy is important to us. Zappay takes the matters of protection and security of its users’ information very seriously. Zappay’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 Zappay’s Privacy Policy. The Privacy Policy addresses only the information collected by Zappay in providing the Service to you. Merchants and Payment Processors have their own information gathering practices which apply when you choose to purchase their Products.
Product inquiries should be submitted to the relevant Merchant. If you have any questions, concerns or requests related to a Product you have purchased from a Merchant, please contact the Merchant directly or contact us at customercare @zappay.ng. Each Merchant maintains its own customer contact desk for handling such requests, however Zappay will do its best to assist you. If you wish to submit a complaint about the practices of a Merchant offering its Products via the Service, you may contact us by email at customercare@Zappay.ng. You must not use the Service to violate any laws. You must not use the Service to violate or infringe the rights of any other person, including the rights of other users, Zappay’s rights in the Service or Merchants’ rights in their Products. 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 that Zappay reasonably suspects that you are using the Services for illegal activities (particularly fraud, money laundering or other related illegalities), Zappay reserves the right to block your account immediately without liability. Such illegalities as mentioned above may be as a result of enacted laws, court judgments, rulings or pronouncements, or regulatory policies and guidelines to which Zappay is bound. If a breach is associated with your account/wallet, you agree that we have the right to apply restrictions to your account/wallet and report to the appropriate law enforcement agencies or the respective regulator, in line with extant laws. zappay 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 Zappay via email, instant message, telephone, text message (SMS) or other means. You may stop receiving promotional messages by emailing your request to opt-out, along with your cell phone number, to privacy-ng@Zappay.ng, or following the opt-out instructions in the message. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages as these ensure that we are able to deliver accurate, relevant, sensitive and security-related services to you.
zappay may discontinue the Service. zappay may in furtherance of regulatory, time-sensitive and security-related purposes terminate your access to the Service or discontinue providing the Service or any part of the Service, with due notice to you [or without notice where the suspension or termination is expedient to forestall, curb or extinguish some ongoing fraud, industry-wide compromise or an ongoing financial crime-related investigation]. Rest assured that we will provide as much notice as the circumstance allows, and restore the Service at the earliest convenience. You agree that in the event of the foregoing, Zappay will not be responsible or liable to you or any third party. The Service is provided without any warranties or guarantees. The Service is provided “as is without” warranty of any kind. zappay 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.
zappay is not liable for any damages you may incur as a result of using its Services. In no event shall Zappay 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 Zappay or any of its suppliers have been advised of the possibility of such damages. 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 before a sole arbitrator to take place in Lagos, Nigeria as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitrators of the United Kingdom. The arbitral decision shall be final and binding on the Parties and may be made an order of 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 Zappay 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 Zappay’s name, proprietary information, trade secrets, know-how, or any other intellectual property rights. Zappay may modify these Terms. These Terms and related policies (including but not limited to the Privacy Policy) may be modified by Zappay at any time in the future. Where this happens, we will communicate the changes to you. By continuing to use the Service, you agree to be bound by the latest version of these Terms. It is your responsibility to familiarize yourself with the communicated changes.
Alteration: No alteration, variation or agreed cancellation of this agreement, and the Privacy Policy, shall be of any effect unless so directed by us.
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 Zappay may show to you shall in any way prejudice or be deemed to be a waiver of its rights hereunder. 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.
