PAYSITA NIGERIA LIMITED
PAYSITA NIGERIA LIMITED, its parent, subsidiaries, successors, assignees and affiliates ("Paysita", "we", "our", or "us") provide access to and use of paysita.com, a website owned and operated by Paysita, as well as any and all other websites, mobile optimised sites, mobile applications, subdomains owned, operated or controlled by Paysita (the "Website", "Paysita App"), together with the content, software, mobile services, financial products and functionality offered on or through the Website and the Paysita App (collectively, the "Services").
These Terms and Conditions (the "Terms") as well as any and all specific terms and conditions for each of our products and services, as amended from time to time, represent an agreement between you ("you", "your" or collectively with other users, "Users") and Paysita and governs your use and access to our Services.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY GIVING YOUR OTP TO THE AGENT, OR OTHERWISE USING THE SERVICES, WHETHER AS A GUEST OR REGISTERED USER, OR OTHERWISE ACCEPTING THESE TERMS, YOU ARE SIGNIFYING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY AND COOKIE POLICY AND ALL FUTURE MODIFICATIONS TO THESE TERMS, AS WELL AS TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET OUT IN OUR PRIVACY AND COOKIE POLICY.
1. DEFINITION
1.1 “Paysita” means the mobile payments organization.
1.2 “OTP” means one-time password (OTP), is a password that is valid for only one login session.
1.4 “Paysita Account” means an online account linked to the Paysita APP.
1.5 “Bill Payment” or “Pay Bill” means the service provided by Paysita including but not limited to the recharge mobile bill payment, TV bill payment and electricity bill payment.
1.6 “Pay With Transfer” means a Virtual Account Number for money receiving service and is linked to the Paysita Account.
1.7 “Virtual Account Number” means a personal ten-digit account number linked to the Paysita account for Pay With Transfer service.
1.10 “Intellectual Property Rights” means all industrial and intellectual property rights of Paysita (as the context provides), whether registered, or unregistered, including without limitation patents, trademarks and service marks, designs and copyrights and any applications for any or in any part of the world, and the copyright in all drawings, plans, specifications, designs and computer software owned by or licensed to Paysita (as the context provides) and used in, or for the purposes of its business, and all Know-how and confidential information so owned and used.
2. CONSENTING TO THESE TERMS
By accessing or using the Services you consent to our Terms. In addition, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions outlined in these Terms and to comply with all our applicable third-party service provider terms of use and agreements. Furthermore, you agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such Service providers were a party to these Terms.
3. THE SERVICES WE PROVIDE
3.1 The Service of Paysita Account.
3.1.1 For the User who registers a Paysita Account on the Paysita App, you can enjoy the services which include, without limitation, the capability to: sign up as a customer; credit a Paysita account with cash through various channels; pay or transfer money to a third party; transfer funds to a bank account; transfer funds to a Paysita Account; pay Merchants; receive money from a third party; perform and/or complete certain functions relating to Paysita’s Services.
3.3 The Service of Pay With Transfer
3.3.1 For the User who applies for Pay With Transfer service via the Paysita App, you will be randomly assigned a Virtual Account Number which has linked to your Paysita Account.
3.3.2 You can use the bound Virtual Account Number to receive payments, accept transfers and other available activities provided by Paysita via Paysita App. All transactions completed via Paysita With Transfer service will be reflected in your linked Paysita Account balance.
3.4 All descriptions of proposed products and Services are based on assumptions (which are subject to change) and you should not rely on the availability or functionality of products or Services until they are actually offered through the Website or the Paysita App. We reserve the right in our sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.
4. THE CONDITIONS TO USE OUR SERVICES
4.1 be at least 18 years of age to be able to access or use the Services or create a Paysita Account, as the Services are not intended for children under 18. The Services are not available to any User previously removed from the Services (or whose User Account has been terminated) by Paysita. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Services in accordance with these Terms; 4.2 have registered a Paysita Account on the Paysita App; 4.3 provide all information requested by us, such as your name, gender, date of birth, email address, passport photograph, address, mobile phone number, Bank Verification Number (“BVN”), online credentials for registering with Paysita and such other information as we request from time to time (collectively, “User Information”); By giving Paysita your BVN, you authorize Paysita to collect and save your data from the BVN database as part of our Know Your Customer (“KYC”) information to fulfil regulatory requirements. All KYC data collected will be treated as confidential. You also permit us to use your BVN to monitor, prevent and detect fraudulent activities and share the same with CBN authorised stakeholders, for the purpose of deterring financial fraud; and 4.4 ensure that all User Information you provide to us from time to time is truthful, accurate, current and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User information. If we approve of your registration, you will be authorized to use the Services, subject to these Terms and provided that the Services will not be used for fraud. 4.5 promise and warrant that you only access and use our Services on your own. Paysita will not be responsible for any third-party operation, unless with the written confirmation agreed by both parties.
5. PROCEDURES INVOLVED IN USING THE SERVICES OF PAYSITA ACCOUNT
5.1 Adding Funding Sources to your Account
5.1.1 You may access the available funds from other sources asides from your Account, you may link bank accounts and cards to your Paysita Account.
5.1.2 Confirmation and authorization of your other funding sources by a one-time password, 3D Secure or other authorization methods, as applicable are required. Once authorized, you grant Paysita and your bank the authority to debit any of your source(s) at your request or at any reoccurring schedule you have indicated. Your authorization is confirmed by your successful login to the Paysita platform (with the use of your password or fingerprint scan).
5.1.3 Once a funding source has been added to your Account, you grant Paysita the authority to save and store the details of your funding source. Our Privacy and Cookie Policy will be applicable to all information stored and processed.
5.1.4 Upon set up and authentication of the funding sources added to your Account, all payments processed from your Account are deemed genuine and Paysita shall not be held liable for any form of fraud, oversight or compromise.
5.1.5 You will be responsible for any charges or penalties from third parties or your bank that occurs as a result of any transactions carried out on your Account.
5.1.6 Do note that some transactions may carry a fee. Our Paysita fee schedules are available on our website, through communication with our Customer Services and will be displayed on the Paysita App before any transaction is confirmed. The fee schedule provides details on the fee amounts, and the method and source of payment for such fees. Paysita reserves the sole discretion to revise the fee schedule from time to time.
5.1.7 You will be responsible for managing your funding sources, in terms of additions, removals and updates e.g. expired debit cards.
5.2 Transacting
5.2.1 You may access the available funds in your Account at any time using any of the channels you choose, including your mobile. Whilst we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services “as is” and without any warranties. Transactions include but are not limited to the following: funds transfer, cash-in, cash-out, airtime purchase, bills payment and merchant payments.
5.2.2 All payments will be processed in Nigerian local currency i.e. Naira and Kobo.
5.2.3 Each transaction will be identified by a unique Transaction ID, which is used to track and identify all transactions carried out on the Paysita network. Your Transaction ID is important for a variety of uses, including settlement of any issues arising from transactions carried out on your account.
5.2.4 Paysita will send you a receipt of all transactions effected from your Paysita Account or performed as an Agent; this message may be sent via smartphone notification, SMS, email, or another available channel.
5.2.5 Your Account will be credited with any deposit made into it, and the funds will be available for your use once the transaction has been approved.
6. PROCEDURES INVOLVED IN USING THE SERVICES OF PAY WITH TRANSFER
6.1 You can apply for Pay With Transfer service:
6.1.1 via the Paysita App application page. You will be randomly assigned a Virtual Account Number which is linked to your Paysita Account; or/and
6.2 Any marketing activity of Pay With Transfer service is subject to the page display in Paysita App.
6.3 Paysita reserves the right to temporarily suspend your Pay With Transfer service at any time if we believe there is a risk.
7. INSURANCE OF DEPOSITED FUNDS
Unless otherwise stated, all funds in your Paysita Account shall be insured up to the maximum coverage level for depositors in line with the Nigerian Deposit Insurance Act. This protection is provided by the Nigerian Deposit Insurance Corporation Act.
8. RULES THAT APPLY TO MERCHANT TRANSACTIONS AND THIRD PARTY WEBSITES
8.1 When making a payment to any person or entity in exchange for goods or services (hereafter as the 'Merchant') on Paysita, you will be required to confirm the transaction. At this time, you may also be requested to enter your Password or PIN depending on the channel. By entering your Password or PIN to confirm the transaction you agree and confirm that you have authorised the transaction. You cannot directly reverse or cancel any payment once it has been approved by you.
8.2 When making a payment on a Merchant website using Paysita, you will be required to log into your Paysita account, before payments can be made.
8.3 As we are unable to reverse or charge-back any payments made, should you have a dispute with any Merchant, you should resolve such disputes with the Merchant directly.
8.4 Disputes between you and a Merchant will not affect our right to recover payments from you.
8.5 You acknowledge that your dealings with a Merchant are solely at your own risk and you agree that Paysita shall not be responsible for any loss or damage of any sort relating to your dealings with a Merchant. All rules, policies (including privacy policies) and operating procedures of a Merchant will apply to you while on the Merchant's site.
8.6 Clause 8.5 also applies to the websites of third parties, advertisers, special offers or other events or activities that are not owned, controlled or operated by us, links to which may be found on our Services. You acknowledge and accept that where Paysita App contains links, registration portals, interfaces to other sites, resources, products and services provided by third parties, these are provided as a courtesy only. Paysita has no control over those third parties' sites, resources, products or services, and you further agree to waive any and all claims and rights against Paysita in relation to any loss or damage you may incur as a result of your use of the Third-Party Services.
9. HOW WE TREAT YOUR PERSONAL INFORMATION
Paysita respects and is committed to protecting your privacy. You understand that by accessing or using the Services and/or submitting your User Information through the Services, you consent to the collection, use, storage and disclosure of your user information as set out in our Privacy and Cookie Policy. Please see the full Privacy and Cookie Policy on our website.
10. THE SECURITY MEASURES WE PUT IN PLACE FOR YOUR ACCOUNT
10.1 Paysita Account
10.1.1 When signing up for a Paysita Account, you will be prompted to create a unique username (your mobile number); Personal Identity Number (PIN); and may be prompted to create a password or TouchID for applicable channels; you will also be asked to provide answers to one or more security questions of your choosing and may be asked to select a security image. You are responsible for the safekeeping and proper use of these security data.
10.1.2 You are responsible for protecting your password, PIN and security details. In view of this, you are responsible for all transactions that occur on your Account as well as applicable channels and you undertake to indemnify us against any claims made in respect of transactions made on your Account. For fingerprint access, you are responsible for ensuring that the fingerprints stored on your smartphone are yours alone and indemnify us against any claims made in respect of transactions made on your Account using fingerprint access.
10.1.3 If at any time you believe or discover that your password or PIN has been stolen or compromised, we advise that you immediately login to your Account and change the password or PIN. In the event that you are unable to change your security details we advise you to contact our Customer Services immediately. We will temporarily suspend your Account to prevent any transactions from being carried out within a reasonable timeframe. You will remain responsible for all transactions that occur until your Account is put on suspension.
10.1.4 If you need to change your mobile phone number, you should notify Paysita through our email support@paysita.com. You may be required to provide your OTP or perform face recognition for this purpose. After you have changed the bonded mobile phone number, your original mobile phone number will be automatically unbonded from your Paysita Account.
10.2 Should you dispute any purchase or withdrawal debited to your Account, you will be required to prove that it lacked your authorization. Such transactions will be investigated once we receive an affidavit clearly stating that you had not authorised the transaction, supported by proof of this.
10.3 We reserve the right to immediately suspend or withdraw a User Account if we have reasonable grounds to believe that there may be a breach of security of that User Account, we suspect unauthorised or fraudulent use of that Account or we are required by law to do so.
10.4 We may ask certain questions to confirm your identity or require you to provide the OTP when you call our customer service. Once your identity has been confirmed, we will execute your instructions. However, please note that we will never ask for your Password or PIN. We advise that you do not disclose your Password or PIN to anyone under any circumstances.
10.5 We care about the integrity and security of your User Information. We have implemented commercially reasonable technical and organizational measures designed to secure your User Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure and that unauthorized third parties will never be able to defeat those measures or use your User Information for improper purposes. You acknowledge that you are under no obligation to use the Services, and that you provide any personal or sensitive information in order to use the Services at your own risk.
11. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS TO THE CONTENT ON ALL PAYSITA PLATFORMS
You acknowledge and agree that content, including, without limitation, text, software, music, sound, photographs, video, graphics, images, logos, button icons, editorial content, notices, design, compilation, magnetic translation, digital conversion, software (including, without limitation, HTML-based computer programs), other materials and other information presented to you through the Services or other matters related to the Services (collectively "Content"), are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
You are only permitted to use this Content as expressly authorized by Paysita or the Services. You do not acquire ownership rights to any Content viewed through the Website/App or any express or implied licence to our intellectual property or the intellectual property of our licensors.
Use of the Content other than as expressly permitted by these Terms is strictly prohibited. The posting of information or materials on the Website or App does not constitute a waiver of any right in such information and materials.
12. MANAGING USER CONTENT
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content").
Any User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of "spam."
If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media.
We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.
You acknowledge that your disclosure is gratuitous, unsolicited and without restriction; and will not place Paysita under any fiduciary or other obligation.
You further acknowledge that, by acceptance of your submission, Paysita does not waive any rights to use similar or related ideas previously known to Paysita, or developed by its officers, employees, agents or contractors, or obtained from sources other than you.
13. CONSENT
You acknowledge that your personal data, including but not limited to name, telephone number, date of birth, email address and device information submitted during registration is processed by Paysita in the manner described in our Privacy and Cookie Policy.
You hereby give explicit consent that Paysita may use and process the above listed data for the purposes described in our Privacy and Cookie Policy.
You acknowledge that your personal data may be shared with third parties as described in our Privacy and Cookie Policy which may provide for a lower level of data protection, and you hereby give explicit consent to a transfer of certain data, including but not limited to your identity information, phone number, historical transactions on Paysita, device information etc. to such third parties.
You can learn more about this in our Privacy and Cookie Policy as well as in the third-party services provider's own privacy policy.
You give explicit consent that Paysita may use your personal data for its marketing purposes, and that you may be contacted by Paysita for these purposes by email. Paysita will in this context not provide any personal data to third parties.
You acknowledge that the above described consent can be withdrawn at any time (without giving reason) by sending an email to support@paysita.com.
14. RESTRICTIONS TO THE USE OF THE SERVICES
The viewing, printing or downloading of any content, graphic, form or document from the Website or App grants you only a limited, nonexclusive right to use, solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, benefit of any third party or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You hereby agree not to engage in: (a) copying, modifying, distributing, or disclosing any part of the Services in any medium, including, without limitation, by any automated or non-automated "scraping" or creating any derivative product; (b) collecting or harvesting any User Information, including, without limitation, account names from the Services; (c) impersonating another person or entity or otherwise falsely stating or misrepresenting your identity or affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (d) interfering with the proper working of the Services; (e) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (f) disassembling, decompiling or reverse engineering the Services or any part of the Services or otherwise seeking to obtain the source code of the Services, except to the extent that such restriction is expressly prohibited by Law; (g) using the Services in any way that are illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable as we may determine in our sole discretion; or (h) jeopardizing the security of your User Account or any other users' Accounts.
15. INDEMNITIES THAT APPLY
In addition to any other indemnity clause provided in these Terms, you agree to indemnify, hold harmless and reimburse Paysita, its affiliates, its agents, licensors, suppliers, contractors and third-party service providers, and their respective employees, members, officers and directors, (Collectively "Indemnified Parties") from and against any and all claims, losses, suits, damages (actual and consequential), obligations, penalties, any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your User Account, fines, liabilities, settlements, costs or debt, and expenses (including, without limitation, court costs and reasonable attorneys' fees) ("Losses") arising from or in any way connected to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or wilful misconduct. This defence and indemnification obligation will survive any termination of these Terms and your use of the Services.
16. PROCEDURES FOR THE SUSPENSION/CLOSURE OF ACCOUNTS
16.1 You agree that to the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Account for any reason, including, but not limited to, your breach of these Terms.
16.2 We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible; whether arising in contract or statute; or if we close or suspend your Account in accordance with these Terms.
16.3 In any case where your Paysita Account is closed for any reason and has a balance of funds, you may make a request to our customer service for your balance, and this will be made available to you for withdrawal barring any legal or regulatory provisions preventing such a withdrawal.
17. TERMINATING YOUR USE OF OUR SERVICE
You may terminate your use of our Services at any time upon notice to Paysita and in accordance with directives provided by Paysita.
Please contact Paysita for the applicable notice period and requirements.
18. HOW TO CONTACT PAYSITA
All notices to Paysita or you as the case may be, shall be in writing and shall be made via email (support@paysita.com) using your email and address provided by you.
Customer care is available on 09165359173.
19. CHANGING THESE TERMS
Paysita may post notices, links or SMS to notices through its Services to inform you of changes to the Terms, the Services, or other matters of importance.
20. OTHER CONSIDERATIONS
20.1 Governing Law: These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles that provide for the application of the law of another jurisdiction.
20.2 No Waiver: The failure of Paysita to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20.3 Severability: If any provisions of the Terms are found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the legality, enforceability or validity of the remaining provisions which shall remain in full force and effect.
20.4 Assignment: Paysita expressly reserves the right to assign, delegate and transfer these Terms and its rights and obligations under these Terms in part or as a whole and including without limitation, to a subsidiary, affiliate, successor or any third-party whatsoever without your consent. You shall not transfer, assign or delegate these Terms, or your rights, obligations and User Account in any manner whatsoever under these Terms, to any person or entity without our prior written approval.
20.5 Entire Agreement: These Terms together with our Privacy and Cookie Policy, guidelines and any other legal notices published by us, shall constitute the entire agreement between us and you with respect to the website, the content, products or Services provided by us or through the Website. You hereby acknowledge and agree that you do not have any authority of any kind to bind Paysita in any respect whatsoever.
20.6 Disclaimer: The Services and all related components and information are provided on an "As is" and "As available" basis without any warranties of any kind, and Paysita expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Paysita does not warrant that the Services will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the Services.
20.7 Additional Terms: In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the "Additional Terms"), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms shall prevail.
21. AGENT RESPONSIBILITIES
21.1 The Agent:
a) will ensure that cash payments are only paid (i) upon sufficient sums being available at the relevant Outlet, (ii) upon checking the accuracy and completeness of the information contained in the Push or SMS from Paysita, and (iii) upon being reasonably satisfied that the recipient of the cash sum is the owner of the mobile phone on which the SMS instruction is being transmitted;
b) shall only provide Paysita Services using the tariffs programmed in the Equipment as may be varied by revised tariffs notified to the Agent from time to time;
c) shall not provide Paysita's Services to any Customer except as in accordance with Agreements and any other written instructions from Paysita from time to time;
d) shall not, in providing Paysita Services, make any representations or give warranties other than those contained in or upon the written instructions of Paysita;
e) shall be solely responsible for the safekeeping and proper use of the Equipment and for keeping the PIN secret and secure. The Agent shall further ensure that the PIN does not become known or come into possession of any unauthorized person. Paysita shall not be liable for any disclosure of the PIN to any third-party; and Paysita will not be liable for losses resulting from PIN disclosure;
f) shall only use Paysita's Intellectual Property including Trademarks and Trade Names to the extent expressly granted by Paysita, for the purpose of promoting and providing Paysita's Services during the subsistence of this Agreement and for no other purpose whatsoever;
g) shall not use Customer Data in any other way other than in furtherance of this Agreement and in compliance with all Applicable Laws;
h) shall decline the Transaction in the event it has insufficient cash sums available at the relevant Outlet to effect the Transaction;
i) shall only complete Customer Transactions upon receipt of an SMS from Paysita confirming the Transaction;
j) shall use its best efforts to market and promote the use of Paysita's Services by Customers;
k) shall in all matters act loyally and faithfully to Paysita and obey all orders or instructions in relation to the provision of Paysita's Services;
l) will allow authorized officers of Paysita to have access to the Agent's premises at all reasonable times for the purpose of inspecting and for the purpose of taking stock of all Equipment at the Outlets;
m) shall not assign, transfer, change, delegate, sub-contract or in any manner make over or purport to assign, transfer, change, delegate, sub-contract or make over this Agreement or otherwise dispose of any of its rights thereunder or any part thereof without obtaining the prior written consent of Paysita;
n) shall not use Paysita's name or Equipment given by Paysita for purposes other than the Paysita Services and shall not carry out any activities that may adversely affect the reputation of Paysita;
o) shall not infringe on the rights of any third party or cause Paysita to infringe on any such rights; and indemnifies Paysita in the event of any such infringement;
p) shall allow Paysita to intervene in the event of any dispute arising between the Agent and a Customer;
q) shall at its sole cost and expense, obtain all permits and licenses necessary for the performance of its duties under this Agreement and any Applicable Regulations, Guidelines, or Laws in the Federal Republic of Nigeria;
r) shall comply with other Paysita's directions or procedure for delivering other Paysita Services such as customer registration and all other sales services as may be communicated by Paysita from time to time.
22. PAYSITA RIGHTS AND OBLIGATIONS
22.1 Paysita retains the right to temporarily or permanently disconnect the user from the Paysita Network at any time if it determines, in its sole discretion, that the connection may be used for purposes other than Paysita's Services, or that the Agent is not complying with the Agreements.
22.2 Paysita will ensure that:
a) upon payment being made by the Agent to Customers, Paysita will credit an equivalent amount to the Business Account's Balance within twelve (12) hours; and
b) all Transactions shall be notified to users via SMS by Paysita.
22.3 Paysita may provide the user with related information in the Paysita App to monitor Paysita Account balances on a daily and weekly basis.
23. RIGHTS RESERVED BY PAYSITA
23.1 Paysita reserves the right notwithstanding anything to the contrary contained herein:
a) to vary any aspect of the Paysita's Services to be provided to Customers; and
b) to change this Agreement and charges under which it offers the Paysita's Services as a direct result of new legislation, statutory instrument, government regulations or licenses, rates of exchange, imposition or alteration of government tax or as a result of any review of Paysita's business planning, changes within the industry, recommendations from regulatory bodies or for such other reason as it may in its sole discretion determine.
24. PREVENTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM
24.1 The movement of money through the Paysita's system which is or which forms part of the proceeds of any crime or which is intended to facilitate, aid or finance the commission of any crime is expressly prohibited.
25. COMPLIANCE WITH ANTI-MONEY LAUNDERING, BRIBERY AND CORRUPTION LAWS
25.1 The User (and any natural person or legal persons the User uses for the performance of services in connection with this Agreement, including employees, agents, consultants, contractors and subcontractors) shall:
a) comply with all Applicable Law relating to Anti-Money Laundering, Terrorism Financing, Bribery and Corruption including the Central Bank of Nigeria AML/CFT/CPF Regulations 2022 and any other foreign law with extra-territorial application;
b) not do or omit to do anything likely to cause Paysita to be in breach of any such Applicable Law;
c) not give, offer, promise, receive, or request any bribes, including in relation to any public official;
d) maintain throughout the term of this Agreement, a program designed to ensure compliance with all Applicable Law by the User, including training programs and measures reasonably calculated to prevent and detect violations of the Applicable Law.
26. GENERAL PROVISIONS
26.1 The waiver by any Party of any provision of this Agreement shall not prevent the subsequent enforcement of any other provision under this Agreement.
26.2 This Agreement embodies the entire understanding of the Parties with regard to the subject matter of this Agreement; and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained herein.
26.3 Paysita expressly reserves the right to assign, delegate and transfer this Agreement, and its rights and obligations under this Agreement in part or as a whole and including without limitation, to a subsidiary, affiliate, successor or any third-party service provider whatsoever without the consent of the Agent.
26.4 Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or a relationship of employer and employee between the Parties.
26.5 If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable, in whole or in part for any reason, such void and unenforceable provision or part thereof shall be expunged from this Agreement, and such provision shall not affect the legality, validity or enforceability of the remainder of this Agreement. The expunged provision shall be replaced, to the extent possible, with a legal, valid and enforceable provision that is similar to the expunged provision as is legally possible.
26.6 This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.
26.7 Agreements are issued by Paysita Nigeria Limited to the users and shall be contained, among other places, on the Paysita App. Paysita is entitled to update this Agreement from time to time, and the User's continued use of the Service will be deemed to signify agreement to the updated Agreements.
26.8 In the event of a dispute, the Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of this Agreement.
26.9 Any dispute or differences arising out of the construction, interpretation or performance of the obligations created under this relationship which cannot be settled amicably within one (1) month after receipt by a Party of the other Party's request for such amicable settlement may be referred to arbitration under the Arbitration and Conciliation Act, Cap. A18, Laws of the Federation of Nigeria, 2004. The Parties agree that:
a) the arbitration proceedings shall be conducted by a single arbitrator appointed by the Parties. If the Parties fail to agree on the appointment of the arbitrator within fourteen (14) days from the date of notification, the Parties agree that the Chairman of the Chartered Institute of Arbitrators (UK), Nigeria Branch, shall appoint the arbitrator;
b) the arbitration award shall be final and binding on the Parties except for instances of misconduct on the part of the arbitrator or error on the face of the arbitral award; and
c) the place of arbitration shall be in Lagos, Nigeria and the language of arbitration shall be English.
26.10 This Agreement is not exclusive. It is expressly understood and agreed by the Parties that Paysita may choose to engage the services of other Agents or not, at Paysita's sole discretion, and that Paysita has no other obligation to the Users outside of those set out in this Agreement.
26.11 No Party to this Agreement shall be liable for any failure to fulfil its obligations, where such failure is caused by a Force Majeure Event. The Parties agree that:
a) an event would only qualify as a Force Majeure Event where the event cannot be resolved through the exercise of a Party's reasonable effort or expenditure and is an unforeseeable event;
b) upon occurrence of circumstances leading to the Force Majeure Event, the Party affected shall promptly notify the other Party in writing within five (5) days, providing the estimated extent and duration of the event;
c) where the Force Majeure Event continues for a period of thirty (30) days, the other Party shall have the right to terminate this Agreement upon giving fifteen (15) days' written notice of such termination.