The terms of use contained in this document shall apply to the use of products &services offered from time to time by MoiPayWay. Terms outline the rules and regulations guiding the use of MoiPayWay. Information or other content that appears on this document shall be administered subject to these terms of use. 

Please read the terms set out below carefully before agreeing to use MoiPayWay products & services. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of MoiPayWay products & services. 

You can accept the Terms of Use by: Clicking to accept or agree to the Terms of Use, where this option is made available to you by MoiPayWay in the User interface for any particular Service; or Accessing or actually using the products & services. In this case, you understand and agree that MoiPayWay will treat your use of its products & services as acceptance of the Terms of Use from that point onward. For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of herself or any other legal entity. 

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read in conjunction. Illegality or un-enforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the MoiPayWay. 

Service being offered by MoiPayWay 

You acknowledge and agree that MoiPayWay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at MoiPayWay sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform MoiPayWay when you stop using the Services. You acknowledge and agree that if MoiPayWay disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account and MoiPayWay shall intimate to you regarding the same. 

MoiPayWay reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any Sensitive Personal Data or Information (“SPDI”) stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Legal Officer. However, in such a case, we may not be able to provide you some or all of our Services. You acknowledge and agree that while MoiPayWay may not currently have set a fixed upper limit on the number of transmissions and amount involved in the transactions you may send or receive through the Services, such fixed upper limits may be set by MoiPayWay at any time, solely at Our discretion. 

By using our Services you agree that MoiPayWay disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. We reserve the right to make changes and corrections to any part of the content of this MoiPayWay at any time without any prior notice. Unless stated otherwise, all pictures and information contained on this MoiPayWay are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please note that all images displayed in the MoiPayWay have been digitised by MoiPayWay. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of MoiPayWay. 

Eligibility 

Anyone who is 18+ (18 years or older) of age and competent to contract under the applicable laws is eligible to access and use MoiPayWay products & services. Your use or access of MoiPayWay products & services shall be treated as your representation that you are competent to contract and if you are registering as a business entity, that you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the MoiPayWay is available only to persons who can form a legally binding contract. 

INDEMNITY 

THIS INDEMNITY is given by The Merchant (hereinafter referred to as “the Customer”) to MOIPAYWAY TECHNOLOGIES, a technology company incorporated and operating under the laws of Nigeria (hereinafter referred to as “MoiPayWay”).

The Customer hereby fully indemnifies MoiPayWay (without MoiPayWay having to make a formal demand) against all losses, costs, and expenses suffered or incurred by MoiPayWay arising from and in connection with the implementation of the integration of MoiPayWay’s API Banking service for the Customer’s use and use of the Customer’s merchants.

The Customer also indemnifies MoiPayWay, its Directors, agents, privies, assigns, successors, employees, or any other person whomsoever acting under MoiPayWay’s authority or control against any costs, losses, damages, expenses (including Attorney’s fees), judicial awards of any kind, or any payments of whatsoever nature made or any cost however incurred, whether directly or indirectly, remotely or otherwise for making payment of any amount pursuant to the use of the integration of MoiPayWay’s API Banking service for the Customer’s use and use of Customer’s merchants.

The Customer shall pay to MoiPayWay, whether or not the Customer receives a formal demand from MoiPayWay, any amount(s) paid by MoiPayWay as a result of the use of MoiPayWay’s API Banking service for the Customer’s use and use of the Customer’s merchants, as well as attorney’s fees, court costs, taxes, deductions, charges, and all other expenses incurred by MoiPayWay in connection with the use of MoiPayWay’s API Banking service by the Customer or by the Customer’s merchants, regardless of and without set-off or deduction for any claims which we (the Customer) may have.

All approvals, consents, and authorizations necessary for the discharge of the Customer’s obligations under this Indemnity have been obtained, are valid, and in full force and effect.

The persons executing this Indemnity on behalf of the Customer are, as of the date hereof, duly appointed, empowered, and authorized to bind the Customer in connection with the subject matter hereof.

If any term or provision of this Indemnity is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provision or part(s) thereof shall be struck from this Indemnity and such provision shall not affect the legality, enforceability, or validity of the remainder of this Indemnity. Our (the customer’s) liability shall also not be affected by any claim or any alleged or purported misrepresentation or non-disclosure of any facts or circumstances whether deemed material or otherwise or any alleged mistake of any facts.

Any demand in writing by MoiPayWay to us, the customer, for the fulfillment of our obligations herein shall satisfy the need for demand under this Indemnity and shall be deemed to have been sufficiently given if it is sent to us by post or by leaving the same at our registered address or place of business or last known address.

No amendment, modification, or release from any provision(s) of this Indemnity hereof is valid except with the prior written consent of MoiPayWay, neither shall the Customer assign or transfer any of its obligations under this Indemnity whether by operation of the law or otherwise to any third party without the prior written consent of MoiPayWay.

The indemnity shall apply to any adverse situation arising in whole or in part, from wrongful actions or omissions, whether done negligently or otherwise, by the Customer, its agents, directors, officers, employees, independent contractors, partners, and/or representatives, including without limitation, breach of the terms and conditions of this Indemnity, any claim of libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright or other intellectual property interest.

This Indemnity shall be a continuing security and be in force until such time as MoiPayWay shall be entitled to invoke the statute of limitation against any action that may be brought against it for granting the request but shall cover the cost of any such action.

This Indemnity shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Exclusion of Warranties 

In no event shall MoiPayWay or its partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use MoiPayWay products & services, even if MoiPayWay or a MoiPayWay authorized representative has been notified orally or in writing of the possibility of such damage. Nothing in these terms, shall exclude or limit MoiPayWay warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Charges APIs calls and payments are charge based on their corresponding payment method as stated on the pricing but note payment method stated as MPWT can’t be withdraw or swap but only used on API execution 

Spamming 

You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use your account to violate the terms of this section. We may terminate your account or access to the MoiPayWay products & services immediately and take other legal action if you or anyone using your credentials violates these provisions. 

Authorisation 

By accepting the terms of these Terms of Use, you authorise us to hold, receive, disburse and settle funds on your behalf. Your authorisation permits us to generate an electronic funds transfer between the payment system providers and our account(s) held with our partner bank(s) (“Nodal Account”) to process each payment transaction that you authorise. Thereafter, you authorise us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration (“Acquiring Bank”). Your authorisation will remain in full force and effect until your MoiPayWay account is closed or terminated. Security Highest level of data encryption built in with tools employed to protect you against fraud. 

Links 

MoiPayWay has not reviewed all of the sites linked to its products & services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MoiPayWay of the site. Use of any such linked website is at the user’s own risk. 

Prohibited Uses 

Please discontinue the use of MoiPayWay products & services, if you engage in any business that puts a threat to the security of life and property, promote violence, scam, and other unlawful activities as stated in Nigeria’s constitution and your local laws. Technical Issues & Delivery Policy 

In case of any technical issues, please email us at mail: [email protected] to let us know of the issues you may be facing. Governing Law, Settlement of Disputes and Jurisdiction 

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of Nigeria. Please note that the terms of use, its subject matter and its formation are governed by laws of the Federal Republic of Nigeria. You agree that the courts of Nigeria will have exclusive jurisdiction.