Welcome to PayAfrik and thank you for using our service.
PayAfrik services, websites or mobile applications (APP) collectively (“the Platform”) is an electronic distribution platform that allows individuals to purchase virtual products and services such as smart Meter, Electricity, airtime, mobile data and internet subscriptions (the services). It provides quick and convenient access to bill payments, including electricity, TV subscriptions and Money transfer services. This service is owned by PayAfrik World connect Ltd.
For the purpose of these Terms of Service, ‘you’ or ‘your’ means the users of this website or mobile application and its services, ‘we’, ‘us’ or ‘our’ refers to PayAfrik World Connect Ltd.
This Terms of Service is a binding contract between you and PayAfrik World Connect Ltd. It details our terms for the provision and use of our services. You must consider these terms carefully as you will be bound by the provisions of these terms through your use of this platform or any of our services.
Please note that we may revise and update these Terms from time to time at our discretion, by accessing and using our Services, you agree to abide by the terms as may be amended. Notice of any amendments or updates will be posted on our Platform.
PLEASE READ CAREFULLY AS YOUR USE OF THE PLATFORM INDICATES YOUR ACCEPTANCE OF THESE TERMS.
This service is available only to Individuals who can form legally binding contracts under applicable laws. You must be at least 18 years old with verifiable means of Identification, Residence and a Bank Verification Number (BVN) or National Identification Number (NIN). By using the platform, you confirm that you are of legal age and have the capacity to agree to these Terms. If you do not qualify, you are not permitted to use this service.
You agree to provide true, accurate, current and complete information about yourself as requested in the registration form and elsewhere on the platform in line with regulatory provisions, you also agree to update such information if it changes.
PayAfrik is designed to allow you to:
You acknowledge that your data, including but not limited to name, telephone number, date of birth, email address and device information submitted during registration may be processed by PayAfrik in the manner described in our privacy and cookie policy, both policies are hereby incorporated into these terms by reference herein.
You hereby give explicit consent that PayAfrik may use and process the above-listed data for the purposes described in our privacy and cookie policy
You can use our service across our platforms once you sign up and provide the relevant information for registration. You would also be required to accept this term of service and provide the necessary consents to proceed as well as secure your account with a password/pin. We will request further information about your identity to enable us to comply with applicable regulations on KYC (Know your customer).
All sensitive data such as customer PINs and passwords are stored in encrypted format throughout our systems and databases. We also protect our systems and your data from external access by using multiple levels of firewalls. PayAfrik staff and customer service representatives cannot access your data without system authorization. They do not have access to customer PINs or passwords and will never ask you to provide this information.
To ensure the seamless provision of a variety of services, we have partnered with various service providers and other financial institutions whose services are offered as end products such as airtime/data services, TV subscriptions, utilities etc. If you purchase these services, you shall be subject to the service provider's terms of service and other related policies.
This policy covers any bullying, discrimination & harassment that takes place at any of our Merchant locations, Merchant websites/platforms, social media pages and any other place.
We are committed to providing a platform free from bullying and harassment, thereby ensuring that all our Staff, Users, Merchants and Merchant customers are treated and treat others with respect, consideration, courtesy and dignity at all times. Our platform has a duty to provide a safe environment and platform for all its users, bullying and harassment are unlawful and will not be tolerated by us.
May be described as repeated and unreasonable behaviour directed toward a person, or a group of people, that creates a risk to health, safety and well-being Examples of behaviour that may constitute bullying include, but are not limited to: Intimidation;
We are committed to providing a platform free from bullying and harassment, thereby ensuring that all our Staff, Users, Merchants and Merchant customers are treated and treat others with respect, consideration, courtesy and dignity at all times. Our platform has a duty to provide a safe environment and platform for all its users, bullying and harassment are unlawful and will not be tolerated by us.
We reserve the right to send messages to you to inform you of
As a registered user, you may generate reports or request a record of transactions on your account at any time. Unless otherwise noted at the time of request, all records of transactions will be provided free of charge, with the exception of SMS or network charges. You must inform us within 30 days of the date of any transaction. Should you fail to do this within this timeframe, it will be interpreted as you waiving the right to dispute any transactions reflected on the statement or to recover any losses from unauthorized transactions reflected on the receipt/summary.
You will not be entitled to any commission throughout the period of your being an PayAfrik guest/user. The convenience fee, where applicable will be added to the value of the purchase made. The applicable Fees are subject to change at any time at our sole discretion, and if you do not agree to any such changes, you should contact us to close your account. You will receive a notification at the point of payment notifying you of the significant charges applicable for the intended product.
You may not use the Service in a way that, to be determined in our sole discretion damages, disables, overburdens, impairs, or gains unauthorized access to PayAfrik’s servers, computer network, or user accounts. You may not use the Service in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with PayAfrik.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, and use to create a derivative work, or otherwise use the content of the Service on your website for public or commercial purposes without our express written permission. Users can only set up a single account to avoid duplication
This is an agreement for services and access to the platform, except as expressly set forth herein, you are not granted a license to any software by these terms and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the platform or any software, documentation, or data related to the platform; remove any proprietary notices or labels from the Website or Service or any Software; modify, translate, or create derivative works based on the platform or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the platform or any Software.
You acknowledge that we may from time to time provide you with marketing advice and other coaching, template design, frequently asked questions and tips on best practices and complying with applicable law, including our Privacy Policy and any sample Offer Terms. You acknowledge that such assistance and information is provided as a convenience to you that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that the use of or compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third-party rights.
We reserve the right to modify, revise, suspend or discontinue any membership on this Platform in whole or in part, either temporarily or permanently and with a notice or without notice where this is necessary to stop fraud, breach or as required by our regulators, you agree that in the event of the foregoing, PayAfrik shall not be liable to you or any third party. If you wish to discontinue your membership on this Platform you are to contact us via mail with a 7 day advance notice of your intention to discontinue our services.
NOTE: notice of discontinuation does not equal membership termination. A notice of discontinuation is only the first step to membership termination and only refers to the email communication you sent us expressing your desire to terminate your membership. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR PAYAFRIK ACCOUNT AND THESE TERMS. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THESE TERMS OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THESE TERMS. These terms and any rights or licenses granted to you hereunder remain valid from the period you send the notice of discontinuation to the point in time when your membership is actually terminated. Hence upon termination of your account by you or us, these terms and any rights or licenses granted to you hereunder shall immediately terminate.
YOU EXPRESSLY AGREE THAT THE PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE OR THE PLATFORM AND ANY RELIANCE BY YOU UPON THE PLATFORM, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD-PARTY SERVICES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS. NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SITE OR THE SERVICE SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE SERVICE. WE WILL NOT BE HELD LIABLE FOR ANY FRAUDULENT TRANSACTIONS FULFILLED OR PAID FOR THROUGH THE PLATFORM ORIGINATING FROM YOUR DEVICE, ACCOUNT, OR APPLICATION. IF YOU OFFER YOUR DEVICE OR APPLICATION FOR USE BY OTHERS OUTSIDE YOUR ORGANIZATION, YOU AGREE TO USE ANY PROCEDURES, CONTROLS AND MEASURES THAT ARE APPROPRIATE FOR YOUR BUSINESS TO REDUCE THE RISK OF FRAUD. IN THE EVENT THAT YOU SUSPECT ANY FRAUDULENT ACTIVITY BY A CUSTOMER, YOU AGREE TO NOTIFY PAYAFRIK IMMEDIATELY AND QUIT THE DELIVERY OF THE SERVICE. IN ADDITION, WHERE WE SUSPECT THAT THERE HAVE BEEN FREQUENT FRAUDULENT TRANSACTIONS ON YOUR ACCOUNT, WE RESERVE THE RIGHT TO CANCEL OUR SERVICE TO YOU AND/OR YOUR ACCOUNT. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PAYAFRIK TECH-INNOVATIONS LIMITED OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF OUR NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONSTANT CONTACT") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PAYAFRIK TECH-INNOVATIONS LIMITED HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF PAYAFRIK TECH- INNOVATION TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE RESELLER FEE DUE TO YOU FROM THE RESALE OF PAYAFRIK SERVICES AS AN PAYAFRIK USER. YOU AGREE THAT PAYAFRIK TECH-INNOVATIONS LIMITED HAS SET ITS RESELLER FEES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THEY REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
YOU SHALL INDEMNIFY AND HOLD HARMLESS PAYAFRIK TECH-INNOVATIONS LIMITED, ITS SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF OUR NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONSTANT CONTACT")AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES, JUDGEMENTS, AWARDS OR FEES (INCLUDING WITHOUT LIMITATION TO REASONABLE LEGAL FEES) ARISING OUT OF ANY BREACH BY YOU OR YOUR AGENTS OF ANY PROVISION OF THESE TERMS, OR ARISING OUT OF ANY THIRD PARTY CLAIMS THAT YOU OR YOUR AGENT HAVE BREACHED ANY PROVISION OF THESE TERMS.
These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria.
With respect to the personal information processed on our Platform, We observe all applicable laws on Personal Data protection and/or privacy requirements of the Federal Republic of Nigeria, including, without limitation, the Constitution of the Federal Republic of Nigeria, the Nigerian Data Protection Regulation 2019 (NDPR) and the Nigeria Data Protection Act 2023 (NDPA).
Any dispute or difference arising from this terms of service, privacy policy and any other policy or the interpretation thereof not resolved amicably by parties shall be referred to Arbitration to be held in FCT, Abuja and conducted in English in accordance with the provisions of the Arbitration and Conciliation Act Cap A19, Laws of the Federation of Nigeria, 2004. The arbitration panel shall be made up of a single arbitrator jointly appointed by the Parties to the dispute. In the event that parties are unable to agree on a single Arbitrator within 14 days after which a party has demanded that such dispute be referred to an Arbitrator, the Single Arbitrator shall be appointed by the Chairman of the Nigerian Branch of the Chartered Institute of Arbitrators on the application of either Party (notice of such application being given to the other Party). PROVIDED THAT the arbitrator so appointed shall not be a present or former employee, agent, consultant or counsel to either Party. Nothing in this Section shall be deemed as preventing our company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. Any judgment on the award rendered by the arbitrator shall be final and be entered in any court of competent jurisdiction and each party shall bear its own cost and expenses. Nothing in this Section shall be deemed as preventing our company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.