Terms of Use

The following Terms and Conditions (the “Terms”) is a contract between you and Percent Technologies Limited (“PercentPay”), a private limited liability company duly incorporated under the laws of the Federal Republic of Nigeria.

These Terms govern your use of and access to our Mobile Application at https://percentpayapp.com and the PercentPay application, a peer-to-peer social commerce and payments platform which includes any other Mobile Application and Mobile Application operated by PercentPay (collectively, the “Mobile Application”) and features and services offered by us on this Mobile Application (together with the Mobile Application, the “Services”), including any content or functionality offered through this Mobile Application or the Services, whether as a guest, registered User or on the authorization of a User.

“You”, “your”, “User” mean the person, entity, business, or company who uses or accesses the Services.

“We,” “us,” and “our” mean PercentPay and its successors, affiliates, and assignees.

“PercentPay Service Level Agreement” means a Service Level Agreement, Merchant Service Agreement or another agreement apart from these Terms which has been fully signed and entered into by and between a User and us relating to the access to and/or use of any of the Services by the User.

As used in these Terms, “PercentPay Account” means the account you have with us for the Services.

“Business Day” means weekdays excluding Saturdays and Sundays and all other days officially declared work-free days/ public holidays in Nigeria.

“Product” means any goods or services offered to Users on this Mobile Application by a Vendor.

“Vendor” means any User who offers Products for sale to other Users on this Mobile Application.

“Purchaser(s)” means any User who is offered Products by a Vendor and communicates the intention to purchase such Product(s). This should be termed a Person or Party of interest. An expression of interest or intention to purchase is not the same as a purchase.

A purchaser is someone who has shown interest in either a product or service being offered for sale and then followed through by making a partial or full payment for said product or service.

“Vendor’s Conditions” means the guidelines and conditions provided by the Vendor relating to their Products and/or Services.

“Issuing Bank” means a financial institution that issues Payment Cards under the authority of the relevant Payment Scheme.

“Retailer” means a retailer, seller, or service provider whose Vouchers are offered on this Mobile Application”.

“Third-Party Utility Bills Solutions” are technology-based payments and collections solutions which may be integrated to this Mobile Application and are offered by third-party companies to enable Users to carry out specific utility bill payments on this Mobile Application.

“Content” means features, information, materials, ideas, solutions, and content provided and depicted through the Products and/or Services.

“This App, PercentPay Application” shall mean PercentPay mobile Application in part and/or completely.

By registering and signing up to use this Mobile Application, you agree that you have read, understood, and accepted all of the Terms contained in this Agreement. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules and regulations that may be applicable to your use of the Services as intended by PercentPay

These Terms are legally binding and serve to govern your use of this Mobile Application. PLEASE READ AND UNDERSTAND THE TERMS CAREFULLY BEFORE AGREEING TO BE BOUND BY THEM.

Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services, you represent that you have read, understood and accepted these Terms and our Privacy Policy and you agree to be bound by these Terms, Conditions, and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy do not use or access the Services.

All information provided by you will be treated securely and strictly in accordance with the Nigeria Data Protection Regulation and other extant applicable data protection laws and regulations.

If you use this Mobile Application in the course of a business or other organizational project, then by so doing you:

confirm that you have obtained the necessary authority to agree to these Terms and conditions and in effect
bind both yourself and the person, company or other legal entity that operates that business or organizational project (s), to these Terms.

Additional Terms

In conjunction with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on this Mobile Application, including, but not limited to, terms and conditions for any new features, refunds or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms.

“The Terms & Condition of this App is malleable and open to changes, updates, modification, addition and or removal of certain clauses, terms, and or conditions as see fit by PercentPay”

In the event of a conflict between the Additional Terms and these Terms, these Terms will control and supersede any such conflict, inconsistency or ambiguity.

In the event of any conflict between the Terms, the Additional Terms, and the PercentPay Service Level Agreement if such has been executed between You and Us, the PercentPay Service Level Agreement shall prevail.

GOVERNING LANGUAGE

The governing language of these Terms and all communication between PercentPay and you will be in English language.

If the App is intended to function across multiple currencies, the T&C must also consider the use of multiple governing languages.

CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATION

Consent – To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail).

By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understood this consent to use electronic signatures and to receive Communications electronically; and (2) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent – Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at in**@***********pp.com. If you withdraw your consent to receive Communications electronically, we will close your PercentPay Account and you will no longer be able to use your PercentPay Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

You Must Keep Your Contact Information Current With Us – In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile number or other text message address by updating your profile on this Mobile Application. This shall be applicable to “All current and future forms and or means of electronic communication we deem fit, necessary and or most appropriate to communicate with you.

Changes – We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on this Mobile Application or delivering notice of such termination or change electronically.

In order to use the Services, you must (a) accept and agree to these Terms, our Privacy Policy and such other terms, conditions and agreements communicated by us to you; (b) register with us on this Mobile Application, or be authorized by a registered User to use the Services in a manner agreed by us; (c) be at least 18 years old, with full legal capacity to accept these Terms and enter into any transaction on this Mobile Application, or have registered a business name in Nigeria for the business that will use the Services, or be duly incorporated in Nigeria; (d) provide all information requested by us. If as a parent or guardian, you become aware that your child or ward has provided us with any information without your consent, please contact us immediately at in**@***********pp.com.

Your eligibility to use this Mobile Application also depends on the country you reside in. Currently, this Mobile Application operates only in Nigeria, and is only available to users who have Nigerian bank accounts.

You may use the Services only if you agree to form a binding contract with PercentPay and are not a person barred from receiving services under the laws of the applicable jurisdiction.

This Mobile Application is a peer-to-peer social commerce and payments platform which allows Users to use their smartphones to send, receive and request money quickly. This Mobile Application also allows users to sell and pay for goods and services seamlessly. A User may use or access the following Services via this Mobile Application:

Transfer Payments Service: The Transfer Payments Services allow users to send, receive and request money from people and businesses.

As a User initiating a transfer of funds, the Payments Services may allow you to send funds to your designated recipient (“Recipient”) by selecting the Recipient and the transfer amount to us (a “Payment Instruction”).

By initiating each transfer to a Recipient via the Transfer Payment Services, you authorize us and the applicable bank or partner financial institutions to debit the amount you specify and applicable charges from your wallet on this Mobile Application, bank account or other payment instrument registered with us, and to send those funds to the designated Recipient upon your request.

Your use of the Transfer Payment Services means that you authorize us to take all actions required for your access to and/or our provision of the Payment Services. You must not attempt to circumvent any restrictions to the Transfer Payment Services imposed by any regulatory authority, under applicable law and/or by us.

The Transfer Payment Services may also allow you to carry out payments on this Mobile Application for certain utility bills such as payment of electricity bills to electricity distribution companies, via the Third-Party Utility Bills Solutions. The Third-Party Utility Bills Solutions are not offered by us but by third-party companies. You agree that you shall be exclusively responsible for ensuring that complete payment of any bill and applicable charges are made to the appropriate service provider.

The Transfer Payments Services may also include the transfer and receipt of money from a user with a PercentPay tagname to another user with a PercentPay tagname. You agree that you shall be exclusively responsible for providing accurate information on details of the PercentPay tagname that you want to receive funds.

Spaces: Space (which may also be referred to as Group or Joint Account) is a feature which helps Users to manage split bills, cash, and payments, with friends in groups. The spaces come in different types with the option of consent through voting of every activity within that space. The fees to be paid by Users for the Group Service will be determined solely by us. Once you join a group, you agree to be solely responsible for any liabilities, losses, expenses, claims or damages that arise from activities carried out in such Groups.
Payments: Users can access a range of biller services and invoices sent from PercentPay Vendors (Merchants).
Profiles: All Users will have a profile that displays their profile photo, wallet balance, other information about the User, access to security settings, and other feature settings. You agree not to use the Profile feature to intentionally or unintentionally mislead or defraud or to directly or indirectly engage in fraudulent, illegal and or unauthorized activities. Also, you shall not upload or authorize any information on your Profile on this Mobile Application that will amount to illegal, obscene, indecent, defamatory, libelous, deceptive, misleading, or otherwise objectionable information or content.

We reserve the right to refuse the Services to anyone for any reason at any time.

Payments, transfers, Know your customer (KYC) verifications and wallet transactions in connection with the Services are currently offered in partnership with our respective partners.

Subject to the PercentPay Service Level Agreement where applicable, we reserve the right to change or review fees for the Services at any time in the future. You agree that you shall pay all applicable fees, commissions, and/or charges for using the Services as and when due.

The Escrow payment model is a feature on this Mobile Application that holds payment until the Purchaser and Vendor on this Mobile Application have fulfilled their due requirements in the transaction. This Escrow feature creates an arrangement where a Vendor will not receive payment for the applicable transaction until the Purchaser has confirmed that it or its authorized representative received the Product and is satisfied, or we have reasonable cause to believe that the Purchaser has received a satisfactory Product from the Vendor.

Purchaser: The default payment option on this Mobile Application for the purchase of Products is currently the Escrow payment option. Consequently, if you opt-out of the Escrow payment option and do not receive a Product or you receive a Product that is not fit for use, we will not have any obligation regarding that transaction and we will not bear any liability.

If you are a Purchaser who chooses the Escrow payment model, you are required to release payment for the Product or Service within maximum seven (7) days of receipt of such Product (or such shorter period required by us) [the “Inspection Period”] or file your complaint or disputes relating to the Product before the expiration of the Inspection Period and in the manner required by us. In the event that you do not release such payment, or you do not file any complaint or dispute before the expiration of the Inspection Period, you are assumed to have hereby authorize us to release such payment to the Vendor and agree that we will not bear any liability for any issue with the Product communicated after the Inspection Period has lapsed .

Vendor: If you are a Vendor and you offer and/or sell a Product or Service that is not (i) fit for use, (ii) merchantable and/or (iii) of good quality, you accept that you may lose that sale and not receive payment for such Product or Service and you shall not be entitled to any compensation and/or indemnity from us for such Product or Service.

You agree that if you file any dispute or complaint with PercentPay for a Product or Service whose payment is subject to the Escrow feature, you:

(i) subject to applicable law, authorize us to use our discretion to assist with resolving such disputes on this Mobile Application and to use our discretion to determine whether the payment should be released to the Vendor. We shall use all reasonable efforts to work to resolving such dispute fairly based on facts made available to us at the time and we may suggest the referral of such dispute to a judicial or quasi-judicial authority for resolution;

(ii) agree and understand that we shall not be a party in such dispute, and we are not your agents or representatives and/are not agents or representatives of either the Vendor or Purchaser;

(iii) agree to provide all information required for resolution of such dispute and to work with us and/or the Purchaser or Vendor (as applicable) to promptly resolve the dispute; In case of a dispute, withholding of relevant information, and or details, could be a ground for penalty and or forfeiture payment or refund as the case may be.

(iv) agree that if you are a Purchaser and you are required to return a physical Product to a Vendor before we return held funds to you, you shall return such Product promptly, in the form shared with you and/or within the time period communicated by us or the competent authority.

To register, open, use and run a PercentPay Account, you may be required to submit certain information, including but not limited to your name, email address, phone number, online credentials for your bank account, and such other information as we may request from time to time (collectively, “User Information”). You may also choose a unique username which will be your PercentPay tagname.

NOTE that the PercentPay tagname you choose remains the property of PercentPay and we reserve all rights to remove or update it at our discretion or request that you change it, such as in instances including but not limited to where the PercentPay tagname chosen is misleading, deceptive, inappropriate or illegal.

You represent and warrant that you own the email address or mobile phone number you register with, and all information entered or collected in the course of creating your PercentPay Account and any information you subsequently add or update from your settings is true, accurate, current and complete, and you agree not to misrepresent your identity or your User Information. If we approve your registration, you will be authorized to use the Services, subject to these Terms and where applicable, the PercentPay Service Level Agreement.

You will also need a mobile phone (Android or iOS), internet connection and a valid bank account (as applicable), to use this Mobile Application and our Services therein.

For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:

a copy of your valid means of identification, such as a passport or driver’s licence;
a copy of a utility bill, or other bill, dated within three months of our request, with your name and Nigerian street address on it; and
such other information and documentation that we may require from time to time.
Bank Verification Numbers (BVN) for bank account verification
National Identification Number (NIN)

By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers in perpetuity. or the requirement to pay any fees, information about you from other third-party Mobile Applications and databases as necessary to provide the Services to you. For the purposes of such authorization, you hereby grant us and our third-party service providers a limited power of attorney, and you hereby appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, with the full power of substitution and re- substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party Mobile Applications, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY MOBILE APPLICATIONS, WE AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF, OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We are not obliged to review information obtained from third-party Mobile Applications and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between us and our third-party service providers, we own your confidential User Information.

The information you provide us is subject to our Privacy Policy.

THE PURPOSE FOR WHICH WE WILL USE YOUR DATA

The information that we collect from you may be used in the following ways:

to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected third parties to provide you, with information about services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
to ensure that content from our site is presented in the most effective manner for you and to notify you about changes to our Services;
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Information we receive from other sources – We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

You agree that we have the right to share your personal information and any other information relating to you, your transactions and/or your PercentPay Account:

with any of our affiliated companies and service providers;
with financial service providers and non-financial companies, such as email service providers that perform marketing services on our behalf, and fraud prevention service providers that use the information to provide services to us;
with a non-affiliated third-party to access and transmit your personal and financial information from a relevant financial institution. You grant the third-party the right, power, and authority to access and transmit this information according to terms of their privacy policy, where you subscribe to third party services;
with selected third parties including business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you and/or to complete a transaction with you;
with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets or give some or total control over our business or alternatively, acquire all or parts of their businesses;
in compliance with applicable law, legal processes, regulatory guidelines and regulatory directives that require us to report or disclose information to a governmental body, regulatory authority or any other competent authority;
with relevant law enforcement officials or other third parties, such as investigators or auditors, if we believe it is appropriate to investigate fraud.

Mandatory Disclosure by Financial Institutions and Designated Non-Financial Businesses and Professions.

You agree that you are aware that all Financial Institutions (FI) or Designated Non-Financial Institutions (DNFIs) are required to report in writing to the Nigerian Financial Intelligence Unit (NFIU) single transaction, lodgement, or transfer of funds:

in excess of N5,000,000 or its equivalent, in the case of an individual;
in excess of N10,000,000 or its equivalent, in the case of a body corporate;
that is a transfer to or from a foreign country of funds or securities by a person or body corporate including a money service business of a sum exceeding US$10,000 or its equivalent;
involving or that are suspicious transactions irrespective of the amount as required by section 7 of the Money Laundering (Prevention and Prohibition) Act 2022 and section 84 of the Terrorism (Prevention and Prohibition) Act 2022.

THIRD-PARTY LINKS

This Mobile Application may, from time to time contain links, to and from the platforms of our partner networks, advertisers, and affiliates. Please note that these platforms and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data, such as contact and location data, which may be collected through these platforms or services. Please check these policies before you submit any personal data to these platforms or use these Services.

CHANGES TO PERSONAL INFORMATION

It is imperative that your data with us is current and accurate. You may request for the rectification of any personal data that we hold about you so as to enable you to correct any incomplete or inaccurate data we hold about you. We may, however, need to verify the accuracy of the new data you provide to us.

DATA SECURITY AND RETENTION

We deploy strict physical, electronic, and administrative security measures to protect your information from access by unauthorized persons, against unlawful processing and foreseeable hazards and breaches when online.

We will retain your data for as long as necessary for the said purpose of the processing, and after that, we will keep your data as long as the law requires.

All data uploaded into PercentPay including but not limited to names, email addresses, physical addresses, nicknames, pseudonyms, pictures, GPS locations, transaction records, and all other details/informations as may be considered relevant by PercentPay shall be kept in our data record in perpetuity for our uses which may include but not limited to research purposes, data verification, data analysis, sales and services record keeping, and so on.

Copyright

All content included in or made available through this Mobile Application such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PercentPay or its specified affiliate or its licensors and protected by Nigerian and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Mobile Application are trademarks or trade dress of PercentPay or its specified affiliate or its licensors in Nigeria and other countries.

In particular, the PercentPay and this Mobile Application’s logos and designs are trademarks of PercentPay or its specified affiliate. We do not grant you any licences, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms and in the PercentPay Service Level Agreement where applicable or except with our prior written permission. We and our third-party licensors retain all rights, titles, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

PercentPay’s trademarks and trade dress registered or unregistered shall not be used in connection with any product or service that is not PercentPay’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PercentPay.

PercentPay does not own the rights to the images, trademarks and intellectual property of our licensors or any third-parties that are featured on this Mobile Application. All rights of these images, trademarks and intellectual property belong to their respective owners.

The intellectual property rights of all software made available to you on this Mobile Application remain the property of PercentPay, its affiliates and its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by PercentPay and its licensors.

Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.

You agree not to authorize any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. We are not responsible for 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 PercentPay Account.

Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, or sublicense any portion of the Services or Content to a third party; (e) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (f) modify the Services or Content or create any derivative product from any of the foregoing; (g) remove or obscure any proprietary or other notices contained in the Services or Content; (h) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (i) jeopardize the security of your PercentPay Account or any other person’s PercentPay Account (such as allowing someone else, who has not been authorized by you and is not your officer, employee, agent or representative, to use your email address, password or code to access the Services or in a manner not agreed by us); (j) attempt, in any manner, to obtain the password, account, or other security information from any other user of the Services; (k) violate the security of any computer network or crack any passwords or security encryption codes; or (l) run mail list, listserv, any form of auto-responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services.

We may, but are not obligated to, monitor your use of the Services and 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 or your customers (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, 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.”

Subject to the PercentPay Service Level Agreement where applicable, if you submit User Content, you grant us a non-exclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, publish, create derivative works from, distribute and utilize 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.

To the extent permitted by applicable law and in accordance with the PercentPay Service Level Agreement where applicable, we may terminate (or suspend access to) your use of the Content. Subject to the PercentPay Service Level Agreement where applicable, we may restrict access to portions of the Services, for some or all Users, from time to time.

The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. You are responsible for obtaining any equipment and internet service necessary to access the Mobile Application and Services.

You shall not use your PercentPay Account to engage in the following categories of activities (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are not clear on whether or not your use of the Services involves a Prohibited Use, please contact us at in**@***********pp.com. By accepting these Terms, you confirm that you shall not use your PercentPay Account for any of the following:

Unlawful activity: this includes any activity which violates, or assists in the violation of any law, statute, regulation or sanctions in Nigeria.
Fraud: this includes any activity which defrauds PercentPay, this Mobile Application or other Users of this Mobile Application, or provides any false, inaccurate or misleading information to PercentPay.
Intellectual property infringement: this involves engaging in any activities that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law including but not limited to the use of PercentPay’s intellectual property, name or logo, without express consent from PercentPay or in a manner that otherwise harms the PercentPay brand.

Abuse of other Users: this includes any activity which interferes with another User’s access to the Services, including defamation, extorting, abusing, harassing, threatening or violating the rights and privacy of other users.

If we contact you regarding an alleged unauthorized or fraudulent activity involving your account, it is required that you respond to any communications from us within 1 (one) Business Day of receiving our communications. This includes providing any requested information or evidence relating to the alleged unauthorized or fraudulent activity.

Unless proven otherwise by you, all our communications shall be deemed to have been received by you at the time they are sent by us.

You agree that you will not receive interest or other earnings on the funds in your wallet on this Mobile Application. Any interests to be offered on the Mobile Application will be solely at our discretion.

We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all Users of the Mobile Application.

You agree to provide to us all such information and documentation as we may require:

in order to verify your adherence to, and performance of, your obligations under these Terms;
for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
as otherwise required by law or applicable regulation.
BREACHES OF THESE TERMS

In the event of a breach of these Terms, or a reasonable suspicion that you have breached these Terms in any way, PercentPay may:

temporarily suspend your access to our Services;
permanently prohibit you from accessing our Services;
block computers using your IP address from accessing our Services;
contact any or all of your internet service providers and request that they block your access to our Services;
suspend or delete your PercentPay Account; and/or
commence legal action against you, whether for breach of contract or otherwise.

Termination, Restriction or Suspension of PercentPay Account

We reserve the right to terminate, suspend and/or restrict your PercentPay Account or your use our Services where:

(i) we reasonably believe that any transactions or activities on your PercentPay Account are suspicious;

(ii) you are creating problems or possible legal liabilities for us, other Users, or other third parties;

(iii) we reasonably believe that such restrictions will improve the security of PercentPay or reduce our or another User’s exposure to financial liabilities;

(iv) we reasonably believe that you are infringing the rights of third parties;

(v) we reasonably believe that you are acting inconsistently with these Terms or our policies or abuse Users and other third parties;

(vi) despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us;

(vii) you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date; or

(viii) we deem it fit for any reason and at any time, in our interest and that of other third parties.

Where we suspend, prohibit or block your access to our Services you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

To the extent permitted by applicable law and in accordance with the PercentPay Service Level Agreement where applicable, we may, terminate (or suspend access to) your use of our Services.

What if I want to stop using the Services?

You may stop using the Services, close your PercentPay Account, and cancel these Terms by contacting us at in**@***********pp.com, and providing sufficient information for us to verify your identity, or in accordance with the PercentPay Service Level Agreement where applicable. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.

Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms.

Amendment – PercentPay reserves the right to add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right to update, revise, modify, or otherwise, reissue these Terms without prior notice. We reserve the right to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Mobile Application or delivering notice thereof to you electronically. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services.

Assignment – You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your PercentPay Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

Indemnity – At our request, you agree to defend, indemnify, and hold harmless PercentPay, its affiliates and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related 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, negligence or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Set-off and Collection Rights – Without limiting our other rights, we may set-off or deduct any amount you owe us from your wallet on the Mobile Application, the balance of any proceeds due to you, your Bank Account, and/or other payment instrument registered with us. If we are unable or do not wish in our sole discretion to set-off any amount you owe us, you will immediately pay us, upon demand, such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys’ fees, court costs, collection agency fees, and other legal expenses.

Non-waiver – The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. Specifically, you agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Taxes – You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.

Severability – In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms but shall not affect the validity and enforceability of the other remaining provisions.

Force Majeure – We shall not be liable for any delay or failure to perform as required by these Terms as a result of any cause or condition including but not limited to, an act of God, epidemic, pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, general market conditions, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement – These Terms, together with our Privacy Policy constitute the entire and sole agreement between You and Us with respect to the Services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Services.

Governing Law – These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria.

Dispute Resolution – For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section) relating to the Services or these Terms, you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action, in the first instance, by mutual discussions between us within fourteen (14) days of either of us notifying the other of the existence of a dispute or claim. We and you shall use all reasonable endeavors to resolve amicably and in good faith any dispute arising out of or in connection with the Services or these Terms.

In the event that we and you are unable to reach an amicable resolution by mutual discussions within the fourteen (14) days referred to in the preceding paragraph, then the complaint may be escalated to the applicable regulatory authority. If the dispute is still not resolved amicably between we and you, or after the intervention of the regulatory authority (where applicable), then such dispute or claim shall be settled through binding and confidential arbitration. As used in this Dispute Resolution Section, “we” and “us” mean PercentPay and its affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms, if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.

Arbitration will be subject to the applicable Arbitration and Conciliation Act in Nigeria and not any state arbitration law.

We and you shall mutually agree on the appointment of a sole arbitrator within fourteen (14) Business Days from when the dispute is referred to arbitration. Where we and you are unable to agree on the appointment of the Arbitrator, such sole arbitrator shall be appointed by the President, the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch (CIARb Nigeria) on the application of either we or you.

The venue of the arbitration shall be Lagos State, Nigeria and the language to be used in the arbitral proceedings shall be English. We and You agree that the decision of the Arbitrator shall be final and binding on both of us.

You and we must abide by the following rules: (a) the arbitrator will honor claims of privilege and privacy recognized at law; (b) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (c) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (d) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

We shall not be involved in any dispute that may arise between a User and any of its customers (or Purchasers) unless such dispute specifically relates to our transaction settlement obligations or rights for the Services or settlement of funds under the PercentPay Service Level Agreement.

Complaints and Disputes – If you have any feedback, questions, or complaints, contact us via email at in**@***********pp.com. When you contact us, please provide us with the relevant information we need to verify your account.

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