PERCENTPAY TERMS AND CONDITIONS
Last updated: 14 June 2026 (Version 3.1)
PLEASE NOTE THAT YOUR USE OF, AND ACCESS TO, THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
These Terms and Conditions (the “Terms”) constitute a binding contract between you and Percent Technologies Limited (“PercentPay”, “we”, “us”, or “our”), 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 (the “Mobile Application”) and the features and services offered by us therein (together, the “Services”), including any content or functionality offered through this Mobile Application or the Services, whether as a guest, registered User or on the authorisation of a User.
By registering, signing up, or otherwise using the Services, you confirm that you have read, understood, and accepted these Terms, our Privacy Policy, and all other policies referenced herein. You also confirm that you are solely responsible for understanding and complying with all laws, rules and regulations applicable to your use of the Services.
All Personal Information you provide will be processed in accordance with the Nigeria Data Protection Act 2023 (“NDPA”), the Nigeria Data Protection Regulation 2019 (“NDPR”), the General Application and Implementation Directive 2025 issued by the Nigeria Data Protection Commission (“NDPC”), and all other extant data protection laws and regulations applicable to PercentPay.
In these Terms, the following words and expressions have the meanings set out below:
In conjunction with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions posted on the Mobile Application, including terms for new features, refunds or rewards programs (the “Additional Terms”), which are incorporated by reference into these Terms.
PercentPay may amend, supplement or remove provisions of these Terms or the Additional Terms from time to time. Material changes (including any changes to fees, voting rules, withdrawal rules, dispute resolution, or your data protection rights) will be notified to you at least seven (7) days before they take effect, by in-App notification, email, or both. Non-material changes (such as typographical corrections or clarifications) may be made at any time and become effective on posting.
In the event of any conflict between (i) these Terms, (ii) the Additional Terms, and (iii) the PercentPay Service Level Agreement (where executed), the PercentPay Service Level Agreement shall prevail, followed by these Terms, and then the Additional Terms.
The governing language of these Terms and all official communications between PercentPay and you is English. Where the Mobile Application is made available in any other language or currency, the English version of these Terms shall prevail in the event of any conflict or discrepancy.
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 relating to the Services (collectively, “Communications”) that we may otherwise be required to send or provide to you in paper form.
By accepting these Terms electronically, you represent that you have read and understood this consent and that your consent will remain in effect until you withdraw it.
Withdrawal of consent — You may withdraw your consent at any time by contacting us at in**@***********pp.com. If you withdraw consent, we will close your PercentPay Account and you will no longer be able to use the Services, save where law requires otherwise. Withdrawal will not apply retroactively to Communications validly sent before the withdrawal took effect.
Keeping contact information current — You must promptly notify us of any change in your email address, mobile number, or other contact details by updating your profile on the Mobile Application. This applies to all current and future means of electronic communication we may adopt.
Changes — We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms on which we provide them. Except as otherwise required by law, we will notify you of any such termination or change in line with Section 1.2.
To use the Services, you must:
The Mobile Application currently operates only in Nigeria and is only available to Users with Nigerian bank accounts. 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.
The Mobile Application is a peer-to-peer social commerce and payments platform that allows Users to send, receive and request money, sell and purchase goods and services, and pool funds together through Spaces — all facilitated through the wallet, escrow, and virtual account infrastructure of our Partner Bank, 9 Payment Service Bank Limited (“9PSB”), and accessed via PercentPay’s interface.
A User may use or access the following Services via this Mobile Application:
The Transfer Payments Service allows Users to send, receive and request money from people and businesses using the Partner Bank’s wallet, facilitated through PercentPay’s interface. When you initiate a transfer to a Recipient, you authorise us and our Partner Bank to debit the amount you specify and any applicable charges from your wallet, bank account or other registered payment instrument, and to credit the funds to the designated Recipient.
The Transfer Payments Service may also allow you to pay utility bills via Third-Party Utility Bills Solutions. Those solutions are offered by third-party companies and not by PercentPay. You are exclusively responsible for ensuring complete and accurate payment of any bill to the appropriate service provider.
The Transfer Payments Service also supports peer-to-peer transfers between PercentPay Tagnames. You are exclusively responsible for providing accurate Tagname details for the User you want to receive funds.
A “Space” (also referred to as a Group or Joint Account) is a shared wallet feature that enables Users to pool funds together for shared purposes such as split bills, group savings, contributions, events, or any other lawful purpose agreed among the Members. Spaces are governed in detail by Section 8 of these Terms.
Users can access a range of biller services and invoices sent from PercentPay Vendors and Merchants.
All Users will have a profile that displays their profile photo, wallet balance, transaction-related information, access to security settings and other feature settings. You agree not to use the Profile feature to mislead, defraud, or engage in any unlawful or unauthorised activity. You shall not upload any information or content that is illegal, obscene, indecent, defamatory, libellous, deceptive, misleading or otherwise objectionable.
We reserve the right to refuse the Services to anyone for any reason at any time, subject to applicable law.
Subject to the PercentPay Service Level Agreement where applicable, we reserve the right to change or review fees for the Services from time to time in line with Section 1.2. You agree to pay all applicable fees, commissions and charges for using the Services as and when due.
PercentPay is a technology company. PercentPay is not a bank, deposit-taking institution, or licensed payment service provider in its own right at the date of these Terms. PercentPay operates as a merchant agent of, and provides a technology interface over, the regulated services of our Partner Bank, 9 Payment Service Bank Limited (“9PSB”), which is a Payment Service Bank licensed by the Central Bank of Nigeria.
Where these Terms refer to “your wallet”, “your virtual account”, “your escrow funds”, “your Space funds” or similar, the underlying account, wallet or escrow arrangement is operated by 9PSB or another CBN-licensed Partner Bank, and not by PercentPay. PercentPay does not, at any time, take custody of customer funds. Funds are held by the Partner Bank, and Users have only such rights and remedies against the Partner Bank as are provided under the Partner Bank’s own terms, the CBN guidelines applicable to Payment Service Banks, and applicable law.
Where PercentPay’s own licensing status changes in future (for example, by obtaining a Mobile Money Operator, Switching, or digital banking licence), we will update these Terms to reflect that change with notice in line with Section 1.2.
The Escrow payment model is a feature on this Mobile Application facilitated by PercentPay that allows our Partner Bank to hold payment until the Purchaser and Vendor have fulfilled their respective obligations. The Escrow feature ensures that a Vendor will not receive payment for the applicable transaction until the Purchaser confirms (or is deemed to have confirmed) receipt of a satisfactory Product.
Purchaser. The default payment option for the purchase of Products on the Mobile Application is the Escrow payment option. If you opt out of the Escrow option and do not receive a Product, or receive a Product that is not fit for use, we will not be liable for that transaction.
If you choose the Escrow payment model, you are required to release payment for the Product or Service within a maximum of seven (7) days of receipt of the Product (or such shorter period required by us) (the “Inspection Period”), or file a complaint or dispute relating to the Product before the Inspection Period expires, in the manner required by us. If you do not release payment or file a complaint before the Inspection Period expires, you are deemed to have authorised us to release payment to the Vendor, and we will not bear any liability for issues raised after the Inspection Period.
Vendor. If you are a Vendor and offer or sell a Product that is not (i) fit for use, (ii) merchantable, or (iii) of good quality, you accept that you may lose the sale and not receive payment, and you shall not be entitled to any compensation or indemnity from us.
If you file a dispute or complaint with PercentPay in relation to a Product subject to Escrow, you:
Spaces allow Users to pool funds with friends, family, business associates or other Users for shared purposes. Each Space has one Space Admin (the User who creates the Space) and one or more Space Members. Spaces come in two types: Private Spaces and Public Spaces.
By creating or joining a Space, you acknowledge and agree that:
IMPORTANT: BEFORE JOINING A SPACE OR DEPOSITING FUNDS INTO IT, YOU SHOULD INDEPENDENTLY VERIFY THE IDENTITY AND TRUSTWORTHINESS OF THE SPACE ADMIN AND OTHER MEMBERS. PERCENTPAY DOES NOT GUARANTEE THE RECOVERY OF FUNDS YOU CONTRIBUTE TO ANY SPACE.
A Private Space is a Space joined by invitation only, where all Members are PercentPay Users. Private Spaces support:
A Public Space is a Space joined only via an invite link and which is assigned a Virtual Account Number (VAN) by the Partner Bank. Public Spaces are designed to enable contributions from both PercentPay Users and external parties (including non-PercentPay users) who pay into the Space using the VAN.
Public Spaces are subject to the following restrictions:
Notwithstanding the above, PercentPay or the Partner Bank may at any time, in compliance with applicable law or regulatory direction, freeze, reverse or otherwise restrict access to funds in a Public Space (see Section 8.12 and Section 15).
Each Public Space is assigned a unique VAN issued by 9PSB under its Payment Service Bank licence. The VAN allows the Public Space to receive deposits (External Inflows) from any sender via the Nigeria Inter-Bank Settlement System (NIBSS) or any other interbank channel.
You acknowledge and agree that:
Fees applicable to Spaces are as follows:
Network and interbank charges levied by NIBSS or the originating financial institution are separate from the External Inflow Fee and are borne by the depositor or as determined by the originating bank.
PercentPay may revise the External Inflow Fee or introduce additional fees for Spaces from time to time, on at least seven (7) days’ prior notice in line with Section 1.2.
Every Space Member is, by default, a Space Voter. The Space Admin may, in his/her sole discretion, select or deselect any Member as a Voter at any time. The Space Admin is, at all times, a Space Voter, and the Admin’s status as a Voter cannot be removed by any other Member.
For Public Spaces, only Members who are PercentPay Users can be Voters. External depositors who contribute via the VAN are not Members and have no voting rights.
The Space Admin has the following powers:
The Space Admin’s status as Admin is permanent. The Space Admin cannot be removed, replaced, or voted out by other Members. A Space cannot have more than one Admin at a time.
YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT THE SPACE ADMIN HAS UNILATERAL CONTROL OVER WITHDRAWALS AND VOTING TIMING, AND THAT YOU ARE TRUSTING THE SPACE ADMIN WHEN YOU DEPOSIT FUNDS INTO ANY SPACE. PERCENTPAY DOES NOT GUARANTEE THE CONDUCT OF ANY SPACE ADMIN AND SHALL NOT BE LIABLE FOR LOSSES ARISING FROM THE ACTS OR OMISSIONS OF ANY SPACE ADMIN.
The Space Admin owes such duties to other Members as may arise under general principles of Nigerian law, including (without limitation) the duty to act honestly and in good faith. PercentPay is not a party to and does not adjudicate the internal relationships among Space Members. Disputes among Members regarding the conduct of a Space Admin should, in the first instance, be resolved among them, and may be escalated to the appropriate civil or criminal authorities of Nigeria.
Where a Space transaction is subject to vote, the following rules apply:
At the time of creating a Space, the Space Admin selects one of the following voting models, which then applies to all vote-eligible transactions in that Space:
The applicable voting model is displayed in-App for each Space. The voting model may not be changed once a Space has been created; if a different voting model is desired, a new Space must be created.
Withdrawals are available only on Private Spaces. Withdrawals are not permitted on Public Spaces.
All withdrawal requests, regardless of the size of the Private Space, are approved or rejected by the Space Admin alone and are not subject to vote. The decision of the Space Admin on a withdrawal request is final, subject only to (i) the rights of PercentPay or the Partner Bank to refuse, reverse or freeze a transaction under these Terms and applicable law, and (ii) any contrary order of a court or other competent authority of Nigeria.
Transfer Splits are available only on Private Spaces. Transfer Splits are not available on Public Spaces. The initiation, voting and execution of a Transfer Split is subject to Sections 8.7, 8.8 and 8.9 as applicable.
Where a Space Admin has been continuously unreachable, unresponsive or inactive in respect of a Space for a period of ninety (90) consecutive days or more, any Space Member may submit a written petition to PercentPay at in**@***********pp.com requesting intervention in relation to the affected Space.
On receipt of such a petition, PercentPay will:
PercentPay makes no representation, warranty or guarantee as to the outcome of any Member petition. Members retain all rights and remedies they may otherwise have under Nigerian law.
By creating, joining, or depositing into any Space, you acknowledge and agree that you have read, understood and accepted this Section 8 in its entirety, and that the risks associated with Spaces (including, without limitation, the risk of bad-faith conduct by the Admin or other Members, fraud, dispute, loss of contribution, and dispute resolution delay) lie with you, the Space Admin, and the other Space Members, and not with PercentPay.
Further to any PercentPay Service Level Agreement, if you are a Vendor, you shall:
All Vendors remain exclusively liable for any Products sold on this Mobile Application. In the event of any conflict between these Terms and the Vendor’s Conditions, these Terms shall prevail.
If you are a Purchaser, you shall:
Integrated delivery options may be provided by third-party companies for the delivery of Products to Purchasers. These options may offer insurance coverage to protect against the loss or damage of Products, at an additional cost.
You are responsible for making informed decisions and conducting due diligence before choosing any delivery option or insurance coverage on the Mobile Application. In the event of an insurance claim, you shall provide all information required for processing the claim, including purchase receipts.
Virtual and physical Payment Cards may be offered via the Mobile Application. Cards are not issued or created by PercentPay; they are issued by an Issuing Bank under the relevant Payment Scheme.
Each request by you for a Card constitutes an unconditional and irrevocable instruction from you to the Issuing Bank for the creation and issuance of the Card. PercentPay makes no representation that any Card will be accepted by a Merchant.
You are responsible for all transactions, fees and charges incurred with your Card, including where another person uses information relating to your Card with your authorisation. You shall not take any action to circumvent transaction limits applicable to a Card.
You are solely responsible if a Card is lost, stolen, destroyed or used without your permission. PercentPay may close your PercentPay Account and bill alternative forms of payment if it is notified that fraudulently obtained Cards are used by you.
You do not have the right to stop payment on a Card transaction; any election to stop a payment lies with the Issuing Bank, the relevant regulatory authority, or PercentPay. PercentPay is not responsible for the quality, safety, legality or delivery of goods or services purchased with a Card. Any disputes must be addressed to the relevant Merchant.
Vouchers (also referred to as Gift Cards) may be offered on the Mobile Application. Vouchers are not created or owned by PercentPay, and PercentPay makes no express or implied warranty in respect of them.
You agree to comply with the terms of the Retailers in using Vouchers. Vouchers are not for resale, and limits may apply to redemption and use. You are solely responsible if a Voucher is lost, stolen, destroyed or used without your permission. PercentPay may close your PercentPay Account if it is notified that fraudulently obtained Vouchers are redeemed or used by you or anyone using your account.
To register, open, use and run a PercentPay Account, you may be required to submit certain information including (without limitation) your name, email address, phone number, online credentials for your bank account, and such other information as we may request from time to time (“User Information”). You may also choose a unique PercentPay Tagname.
The PercentPay Tagname you choose remains the property of PercentPay. We reserve the right to remove or update it at our discretion, or require you to change it, where it is misleading, deceptive, inappropriate or unlawful.
You represent and warrant that you own the email address or mobile phone number you register with, and that all information entered or collected in the course of creating and operating your PercentPay Account is true, accurate, current and complete. You must not misrepresent your identity or your User Information.
You will need a mobile phone (Android or iOS), an internet connection, and a valid bank account to use this Mobile Application and the Services.
For our compliance purposes, you authorise us, directly or through a third party, to obtain, verify and record information and documentation that helps us verify your identity and bank account information. We may, from time to time, require you to provide or confirm:
By using the Services and providing User Information, you authorise us and our third-party service providers to obtain information about you from other third-party platforms and databases as necessary to provide the Services. For these limited purposes, you grant us and our third-party service providers a limited power of attorney to access such platforms and retrieve and use User Information as your agent, with full power of substitution. We are not obliged to review information obtained from third-party platforms and databases for accuracy, legality, or non-infringement. As between us and our third-party service providers, we own your confidential User Information.
All processing of your Personal Information is subject to our Privacy Policy and the NDPA.
PercentPay operates an anti-money laundering and counter-terrorism financing compliance program, in coordination with the Partner Bank. By using the Services, you confirm that:
We or the Partner Bank may, in line with applicable law, freeze, hold, reverse, or refuse to process any transaction (including any inflow into a Public Space VAN, any Space transaction, or any withdrawal) where:
You are aware that all Financial Institutions (FI) and Designated Non-Financial Businesses and Professions (DNFBPs) in Nigeria are required to report in writing to the NFIU any single transaction, lodgement, or transfer of funds:
You will not be entitled to compensation or interest in respect of any funds held, frozen or reversed in the course of an AML/CFT/sanctions investigation.
All Personal Information collected, used, stored, disclosed or otherwise processed by us in connection with the Services is processed in accordance with the Nigeria Data Protection Act 2023, the NDPR 2019, the NDPC General Application and Implementation Directive 2025, the CBN Consumer Protection Regulations 2019, and our Privacy Policy at https://percentpayapp.com/privacy.
You confirm that you have read, understood and accepted our Privacy Policy, which is incorporated by reference into these Terms. Where there is any conflict between these Terms and the Privacy Policy in relation to data protection matters, the Privacy Policy prevails.
You agree that we may share your Personal Information and any other information relating to you, your transactions and your PercentPay Account in the circumstances set out in our Privacy Policy and, in particular:
The Mobile Application may, from time to time, contain links to and from the platforms of our partner networks, advertisers and affiliates. These platforms have their own privacy policies and we do not accept any responsibility for these policies or for any Personal Information collected through them. Please review such policies before submitting any Personal Information.
It is important that the Personal Information we hold about you is current and accurate. You may at any time request the rectification of any Personal Information we hold about you, by contacting our Data Protection Officer at the address in our Privacy Policy. We may require verification of the accuracy of any new data you provide.
We deploy reasonable and appropriate physical, electronic, and administrative security measures, including encryption (such as Transport Layer Security and Secure Sockets Layer) for the transmission of sensitive data, to protect your Personal Information from unauthorised access, unlawful processing, accidental loss, destruction, alteration or damage.
We retain your Personal Information for as long as is necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, tax, regulatory, or reporting requirements. The specific Retention Period for each category of Personal Information is set out in our Data Deletion Policy, available at https://percentpayapp.com/data-deletion, and is informed by the record-keeping obligations under the Money Laundering (Prevention and Prohibition) Act 2022, the CBN AML/CFT/CPF Regulations 2022, the Companies and Allied Matters Act 2020, the Federal Inland Revenue Service (Establishment) Act, and other applicable Nigerian laws. Where multiple Retention Periods apply, the longest applicable period prevails.
Where we no longer have a lawful basis to retain your Personal Information, we will securely delete, destroy, or anonymise it.
All content included in or made available through this Mobile Application, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PercentPay, its affiliates, or its licensors, and is protected by Nigerian and international copyright laws.
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, its affiliates, or its licensors. In particular, the PercentPay name and logo, and the design of this Mobile Application, are trademarks of PercentPay or its affiliates. No licence to use any of these is granted to you, express or implied, except as expressly stated in these Terms or in a PercentPay Service Level Agreement.
PercentPay does not own the rights to the images, trademarks and intellectual property of any third party featured on this Mobile Application. All rights in such images, trademarks and intellectual property remain with their respective owners.
Your use of the Services must comply with all applicable law. If your use is prohibited by applicable law, you are not authorised to use the Services.
You agree not to authorise any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for maintaining the confidentiality and security of your username, password, and other User Information.
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. Without limiting the foregoing, you agree not to (and not to allow any third party to):
We may, but are not obliged to, monitor your use of the Services and Content.
If you submit User Content, you grant us a non-exclusive, perpetual, royalty-free, irrevocable and fully sub-licensable right to use, modify, reproduce, publish, create derivative works from, distribute and utilise such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you, any other User or any third party.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PERCENTPAY, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS (INCLUDING THE PARTNER BANK) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES;
(B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES;
(C) ANY EVENT BEYOND OUR REASONABLE CONTROL;
(D) THE ACTS OR OMISSIONS OF ANY SPACE ADMIN, SPACE MEMBER, EXTERNAL DEPOSITOR, VENDOR, PURCHASER, MERCHANT, RETAILER OR OTHER USER; AND
(E) ANY PRODUCT OR SERVICE-RELATED CLAIM BROUGHT AGAINST YOU BY YOUR CUSTOMERS OR END USERS.
OUR AGGREGATE LIABILITY TO YOU FOR ACTIONS OR INACTIONS DIRECTLY TRACEABLE TO US, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, BY WAY OF INDEMNITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES THAT HAVE ACCRUED TO US FROM TRANSACTIONS UNDER THESE TERMS IN THE MONTH IMMEDIATELY PRECEDING THE DATE THE FIRST RELEVANT CLAIM AROSE. NO CLAIM SHALL BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION.
The limitations of liability above apply (without limitation) to all features on this Mobile Application as follows:
Payments. Due to the operation of the Nigeria Inter-Bank Settlement System (NIBSS) and other third-party rails, payments may be delayed. We shall not be liable for any delayed payments or for any inability to complete a Payment Instruction because of inaccurate or insufficient instructions, the failure of the recipient or bank to claim the payment, the failure of either party to provide requested information, or the inability of us or the Issuing Bank to verify the identity of any party.
Peer-to-Peer Payments. We shall not be liable in instances where money is sent to the wrong PercentPay Tagname.
Spaces. We shall not be liable for any loss, damage or dispute arising from the conduct of any Space Admin, Space Member, external depositor, or any other party in connection with any Space, including any decision of a Space Admin in respect of withdrawals, voting, member selection or transfer splits. PercentPay does not act as a fiduciary, trustee or escrow agent for any Space.
Virtual Account Numbers and External Inflows. VANs are operated by the Partner Bank under its Payment Service Bank licence. We shall not be liable for any deposit, reversal, hold, freeze or other action taken by the Partner Bank or any originating financial institution in respect of an External Inflow, including any action taken on AML/CFT, sanctions or fraud-prevention grounds.
Third-Party Bills Solutions. We shall not be liable for any penalty, loss, fine, damage or claim arising from the failure of a Third-Party Utility Bills Solution to effect payment to the relevant service provider.
Merchant. We shall not bear any liability relating to Products purchased or sold on PercentPay, including where Products are not received on time, are fake or are damaged.
Escrow. If you opt out of the Escrow payment option and do not receive a Product or receive a Product not fit for use, we shall not bear any liability.
PercentPay Tagname. We shall not be liable where a PercentPay Tagname is confusing, deceptive or misleading about the identity of the User, and we may require the User to change the Tagname.
Integrated Delivery and Insurance. We shall not be liable for any loss or damage of Products by any logistics, delivery, or insurance provider accessed via this Mobile Application.
Payment Cards. We shall not bear any liability arising from a Card created based on incorrect particulars supplied by you.
Vouchers and Gift Cards. We shall not bear any liability for loss or issues arising from the use or misuse of Vouchers and Gift Cards, including a Retailer’s refusal to accept them.
Nothing in this Section 24 limits any liability that cannot be limited or excluded under applicable Nigerian law (including liability for fraud or fraudulent misrepresentation).
You shall not use your PercentPay Account or any Space to engage in the following (“Prohibited Uses”). The categories below are representative, not exhaustive:
If we contact you regarding an alleged unauthorised or fraudulent activity involving your account, you must respond to our communications within one (1) Business Day, including providing any requested information or evidence. 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 provided by our Partner Bank and accessed via the Mobile Application. Any interest offered on the Mobile Application will be solely at our discretion and subject to compliance with applicable CBN guidelines.
We and the Partner Bank reserve the right to perform due diligence checks on all Users of the Mobile Application. You agree to provide all such information and documentation as we may require:
In the event of a breach of these Terms, or a reasonable suspicion that you have breached them, PercentPay may:
We may terminate, suspend or restrict your PercentPay Account or your use of the Services where:
Where we suspend, prohibit or block your access, you must not take any action to circumvent such suspension (including, without limitation, creating or using a different account).
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. Termination will not affect any rights or obligations that arose before termination. Provisions of these Terms that by their nature should survive (including Sections 8, 15, 17, 20, 23, 24 and 33) will survive termination.
In line with the CBN Consumer Protection Framework 2016 and the CBN Consumer Protection Regulations 2019, PercentPay maintains a complaint-handling channel for User issues. If you have a complaint, please contact us at in**@***********pp.com.
Our complaint-handling timelines are:
Where your complaint relates to underlying banking services (such as wallets, virtual accounts, escrow funds or settlement), we will refer it to the Partner Bank and coordinate the response with them in accordance with the CBN guidelines applicable to Payment Service Banks.
If you are not satisfied with our response, you may escalate the matter to:
PercentPay may amend these Terms in accordance with Section 1.2. Continued access to or use of the Services after a change becomes effective constitutes acceptance of the revised Terms. If you do not agree to a revised version, your sole recourse is to terminate your access or use of the Services.
You may not transfer, assign or delegate these Terms or your rights or obligations under them (by operation of law or otherwise) without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations under them without your consent, subject to applicable law.
At our request, you agree to defend, indemnify and hold harmless PercentPay, its affiliates, the Partner Bank, and their respective employees, officers, directors, agents and third-party service providers from any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Services, your violation of these Terms, applicable law, or any third-party rights, or your fraud, negligence or wilful misconduct.
Without limiting our other rights, we may set off, or instruct the Partner Bank to deduct, any amount you owe us from your wallet, any proceeds due to you, your linked bank account, or any other payment instrument registered with us. If we are unable or do not wish to set off, you will pay us, on demand, such amount, together with all costs and expenses associated with collection.
Failure by either party to exercise any right under these Terms will not be deemed a waiver of any further rights. Any rights or remedies not exercised remain available.
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, including (without limitation) any Value Added Tax, Capital Gains Tax, Personal Income Tax, Companies Income Tax, or stamp duty as applicable. We may, in our sole discretion, undertake any of the foregoing on your behalf or for ourselves.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
We shall not be liable for any delay or failure in performance caused by acts of God, epidemic, pandemic, act of civil or military authorities, act of terrorism, civil disturbance, war, strike, general market conditions, fire, interruption in telecommunications or internet services, failure of equipment or software, or any other event beyond our reasonable control.
These Terms, together with our Privacy Policy and any PercentPay Service Level Agreement, constitute the entire agreement between you and us with respect to the Services and supersede all prior understandings.
These Terms shall be interpreted and governed in accordance with the laws of the Federal Republic of Nigeria.
For any controversy, dispute, demand, claim or cause 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 first attempt to resolve the matter amicably by mutual discussions within fourteen (14) days of either party notifying the other of the dispute.
If the dispute is not resolved within fourteen (14) days, the complaint may be escalated to the applicable regulatory authority (including the Central Bank of Nigeria, the Nigeria Data Protection Commission, or the Federal Competition and Consumer Protection Commission, as the case may be).
If the dispute remains unresolved, it shall be referred to and finally settled by arbitration under the Arbitration and Mediation Act 2023.
The parties shall mutually agree on the appointment of a sole arbitrator within fourteen (14) Business Days from the referral to arbitration. Where the parties are unable to agree, the sole arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch (CIArb Nigeria), on the application of either party.
The venue of arbitration shall be Lagos State, Nigeria. The language of the arbitral proceedings shall be English. The decision of the Arbitrator shall be final and binding on the parties.
You and we must abide by the following rules: (a) the arbitrator will honour claims of privilege and privacy recognised at law; (b) the arbitration will be confidential, and neither party may disclose the existence, content or results of any arbitration, except as required by law or for enforcement; (c) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or remedy that is expressly permitted by applicable law; and (d) each party will pay its own attorney’s fees and expenses, unless otherwise provided by a statutory provision.
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.
If you have any feedback, questions or complaints, contact us at:
Percent Technologies Limited
Email: in**@***********pp.com
Data Protection Officer: dp*@***********pp.com
Website: https://percentpayapp.com
— END OF TERMS AND CONDITIONS —
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:
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.
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:
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 information that we collect from you may be used in the following ways:
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:
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:
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:
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 the event of a breach of these Terms, or a reasonable suspicion that you have breached these Terms in any way, PercentPay may:
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.
