Terms and Conditions

Welcome To LLC




TelecomPay Communication Limited (“PaySecure”) operates as a financial technology company, not a bank. Our partner banks, which hold valid banking licenses, provide banking services. The POS Machine, debit cards we offer are issued by these partner banks under licenses granted by Visa and MasterCard, allowing you to use them at any location that accepts Visa and MasterCard debit cards.



The following terminology applies to these Terms of Use, privacy policy, and all agreements related to these Terms of Use: “Business Owner”, “You” and “Your” refers to any individual or entity that accepts this Terms of Use to utilize the business management tools and its accompanying features to aid business activities, especially seamlessness in accounting operations. The “Company”, “PaySecure”, “Ourselves”, “We”, “Our” and “Us”, refers to PaySecure. “Party”, “Parties”, or “Us”, refers to both the Business Owner and PaySecure. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1. General

1.1 These Terms of Use is a contract between the Business Owner and PaySecure and outlines the rules and regulations for access and use of the LLC Services.

1.2 By accessing the LLC Services, You represent that You have read and understood these Terms of Use and You agree to be bound by these Terms of Use.

1.3 When You access and use the LLC Services You consent to receive communication from Us electronically, such as e-mails, text messages, mobile push notices or notices and messages on the LLC platform which We may provide from time to time, and You can retain copies of these communications for Your records.

1.4 You confirm that You are at least 18 years of age or that You are accessing the LLC Services under the supervision of a parent or legal guardian.

1.5 If You violate any of these Terms of Use, or otherwise violate an agreement between You and Us, We may terminate Your user account, delete Your user profile and any content or information therein and prohibit You from using or accessing the LLC Services at any time in Our sole discretion, with or without notice, including without limitation if We believe that You are under 18 years of age.

1.6 You agree that if You are unsure of the meaning of any part of these Terms of Use, You will not hesitate to contact Us for clarification prior to use of the LLC Services.

1.7 PaySecure reserves the right to close, suspend, or limit Your access to the LLC Services if You violate these Terms of Use, or any other agreement You enter into or have entered into with PaySecure.

1.8 If You do not agree to these Terms of Use, do not use or access the LLC Services. These Terms of Use are binding and are not subject to any varying terms or conditions, unless as provided by PaySecure subsequently upon due notice to the Business Owner.

2. Definitions

The defined terms used in these Terms of Use shall have the meanings specified in this clause:

Affiliates

means a company or legal entity which (a) controls, either directly or indirectly, the Receiving Party, or (b) which is controlled directly or indirectly by the Receiving Party, or (c) is directly or indirectly controlled by a company or entity which directly or indirectly controls the Receiving Party;

Business Day

means a day (other than a Saturday, Sunday or public holiday declared by the Federal Government of Nigeria) on which banks in Lagos are open for business;

Business Account

means a business account maintained with PaySecure by a User;

Business Banking Platform

means PaySecure’s mobile and web applications through which a User can access its Business Account and the LLC Services;

Business Owner

means any individual or entity that accepts these Terms of Use to have access and use of the LLC Services;

Business Relationship Manager

means the individual or entity assigned by PaySecure serving as an account officer to the Business Owner;

Confidential Information

means: any information relating to PaySecure and a Customer, received or held by the Business Owner (which has been transferred, disclosed or obtained orally, visually, electronically or by any other means) in connection with the Business Owner Services and includes, without limitation, personal information concerning Customers’ bank accounts, the Customers’ card data, the Customers’ Transaction information and details and all other information acquired by the Business Owner in connection with these Terms of Use or the performance of the Business Owner Services; and/or all information received by the Business Owner in connection with the installation, use, operation and maintenance of any system or materials provided by PaySecure in connection with these Terms of Use and other commercial information of a confidential nature but does not include information which is:

  1. known to the Business Owner without any limitation or restriction on use or disclosure before receipt of such information from or on behalf of PaySecure;
  2. becomes publicly available, other than as a breach of these Terms of Use;
  3. becomes lawfully available to the Business Owner from a third party free from any confidentiality restriction or any information required to be disclosed under the relevant law or any binding judgment or order of court of arbitration tribunal or any stock exchange regulations or under direction from any relevant regulatory authority; or
  4. is independently developed by the Business Owner independent of the Confidential Information received from PaySecure;

Intellectual Property Rights

means all copyright and rights in the nature of copyright, trademarks (including all goodwill in them), patents, trade names, industrial design, trade secret and domain names, registrations and applications for registration of any of the above, moral rights, know-how, Confidential Information, and any other intellectual or industrial property rights, whether now known or in the future arising;


LLC Platform

means the platform owned by PaySecure offering the LLC Services which are accessible to a User via web or mobile applications;

LLC Services

means access and use of the business management tool which will include but not limited to the below business features:

  1. Inventory management
  2. Accounting
  3. Instant sales and Invoicing
  4. Accept Payment
  5. Reconciliation
  6. Expense tracking
  7. Reporting
  8. Such other ancillary services that follows each feature.

Parties

means PaySecure and the Business Owner;

Party

means PaySecure or the Business Owner;

Terms of Use

means these Terms of Use and its schedules and annexures;

VAT

means value added tax;

User

means a Business Owner who makes use of the LLC Services;

WHT

means withholding tax.

3. Interpretations

3.1 The clause headings in these Terms of Use have been inserted for convenience only and will not be taken into consideration in its interpretation. Words and expressions defined in any clause will for the purpose of these Terms of Use, bear the meaning assigned to the words and expressions in that sub-clause.

3.2 Any reference to natural persons includes legal persons and vice-versa and references to any gender includes a reference to the other gender and vice-versa.

3.3 Any provision in the definition clause which is a substantive provision conferring rights or imposing obligations on a Party, shall be given effect to as if it were a substantive provision in the body of these Terms of Use.

3.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

3.5 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

3.6 These Terms of Use shall be binding on the Business Owner and his/her personal representatives, heirs and permitted assigns.

3.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

3.8 Any obligation in these Terms of Use on a person not to do something includes an obligation not to agree or allow that thing to be done.

3.9 References to a document in agreed form are to that document in the form agreed by the Parties and initiated by or on their behalf for identification.

3.10 References to clauses are to the clauses of these Terms of Use, references to paragraphs are to paragraphs of the relevant agreement and a reference to writing or written includes fax and email.

3.11 Unless otherwise expressly provided, the obligations and liabilities of the Parties under these Terms of Use are several.

3.12 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

4. Commencement Of The Services

4.1. To commence the use of the LLC Services, you must have a User Account and an existing and active Account with PaySecure.

4.2. The LLC Services may be accessed by You through the following mediums:

4.2.1. by logging into the LLC Platform from your Business Account on the Business Banking Platform;

4.2.2. by creating a User Account on the LLC Platform; and

4.2.3. by being registered and onboarded on the LLC Platform by Your assigned Business Relationship Manager.

4.3. Your access to the LLC Services shall continue to subsist until you provide a written instruction to PaySecure choosing to opt out of the LLC Services, close your Business Account, or until such a period PaySecure chooses to quit the provision of the LLC Services.

5. Our Services

5.1. The purpose of these Terms of Use is to allow You access to the LLC Services through Your Business Account.

5.2. To be eligible to access the LLC Services, You agree that You are validly registered/incorporated in Nigeria.

5.3. The LLC Services shall only be accessible by customers of PaySecure who operate an active Business Account, and are applicable only in Nigeria.

5.4. Access to the LLC Services by any person or entity who does not meet up with the above stated criteria is unauthorized, unlicensed, and shall be in violation of this Terms of Use.

5.5. Subject to the termination provisions contained in this Terms of Use, this Terms of Use shall remain in effect until You discontinue Your use of the LLC Services and all financial obligations with regard to your use of the LLC Services have been fulfilled.

5.6. As a customer of PaySecure you agree that this Terms of Use shall be read in conjunction with and the LLC Services are subject to PaySecure’s General Terms and Conditions for Account Opening.

5.7. You understand that Your content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

5.8. The LLC Platform may require an internet connection from a third-party provider in order to use some features. In such cases, Your internet connection is subject to the fees, restrictions, terms and limitations imposed by Your provider.

6. License

6.1 As long as You comply with these Terms of Use, PaySecure grants You, subject to your subscription package, a personal, non-exclusive, non-transferable, non-assignable, right and limited privilege access to the LLC Services. Specifically, these rights are to enable You have access and use the business management tools which have been subscribed for to aid business operations.

6.2 Unless otherwise stated, PaySecure and/or its licensors own the Intellectual Property Rights for all materials on the LLC Platform. All Intellectual Property Rights are reserved in and belong to PaySecure.

6.3 You agree and accept that You shall not sub-license, sub-let, sell, transfer, or assign Your right to use the LLC Services/platform and that You will utilize the services solely for the purpose described in the Terms of Use.

6.4 You shall not allow any third party or unauthorized users to have access to LLC Services without PaySecure’s prior written consent.

6.5 The license that is granted in this clause does not include any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You are reserved and retained by PaySecure or its licensors, suppliers, publishers, rights holders.

7. Subscription And Payment

7.1 The LLC Services is offered on a subscription basis. This Terms of Use also incorporates by reference and includes program ordering and payment terms provided to you on the LLC Platform for the LLC Services.

7.2 Payments will be billed to you in the currency that will be made available (plus any and all applicable taxes, including without limitation, VAT, WHT), as shown in the product ordering and subscription terms, and Your Business Account will be debited when you subscribe to the LLC Services, unless stated otherwise in the program ordering or payment terms on the LLC Platform for the Services.

7.3 You must have sufficient funds in Your Business Account to cover an electronic debit of the payment due; or by another payment option We provide to you in writing.

7.4 If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate Your account and refuse any use of the LLC Services.

7.5 We will automatically renew Your subscription at the prevailing rates unless the subscription is cancelled or terminated in line with this Terms of Use.

7.6 Additional cancellation or renewal terms may be provided to you on the LLC Platform.

8. Free Trial Period

8.1 Upon signing up for the LLC Services, You will be entitled to a free trial of one or more of the features of the LLC Services for a period specified by PaySecure upon Your access to the LLC Services. We have the sole discretion to determine which of the features will be eligible for the free trial period.

8.2 We will make the said feature available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable services provided (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable services, or (iii) termination by Us in our sole discretion.

8.3 Any data that you enter in the LLC Platform, and any customizations made to the LLC Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this section, LLC Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

9. Use With Your Mobile Device

Use of the LLC Services may be available through a compatible mobile device, internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  • ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
  • ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES

10. Your User Account And Personal Responsibilities As A User

10.1 To access the LLC Services, You will need to create Your own User Account on the LLC Platform (“User Account”) and You will be required to login to the User Account and have a valid payment method associated with it.

10.2 To set up a User Account, We will request contact information such as, name, email address, mailing address and phone number or unique identifiers such as username, password and IP address.

10.3 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your User Account, and You agree to accept responsibility for all activities that occur under Your User Account or password.

10.4 We reserve the right to refuse service, terminate accounts, terminate Your rights to use the LLC Services in Our sole discretion.

10.5 You shall be responsible for maintaining, updating, completing and safeguarding the confidentiality of Your account and You shall be responsible for all activities that occur on Your account.

10.6 You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to Your User Account.

10.7 Any profile that You open with Us is personal to You and You are prohibited from permitting any other person to access or use Your User Account.

10.8 Any unique identifiers/codes that We give You, remains Our property and We can disable, reclaim and reuse these once Your User Account is terminated or deactivated for whatever reason by either You or Us, and all Your personal information is removed.

10.9 You agree to notify Us immediately at frauddesk@PaySecure.com, if You know, suspect or become aware of any unauthorized use of Your account.

10.10 You agree to promptly update Your account and other information, including Your email address, account number(s) and credit/debit card numbers and expiration dates, so that We can complete Your subscription payment and contact You as needed.

10.11 For Us to meet our obligations under these Terms of Use, You hereby agree to Us collecting, storing and updating Your personal information.

10.12 We are committed to protecting and respecting Your privacy. The information You share on the LLC Platform, including Your personal details, profile information, passwords and banking details will be processed by PCI Data Security Standards, to ensure the privacy and security of Your User Account. We shall take appropriate measures to ensure personal information is kept confidential and securely stored.

10.13 We may suspend or withdraw or restrict the availability of all or any part of the LLC Services for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

11. User Representation

11.1 You represent and warrant that You have the requisite capacity (including, without limitation, corporate power under a company memorandum and articles of association) to enter and perform Your obligations under these Terms of Use.

11.2 You have in full force and effect all authorizations necessary to enter into these Terms of Use and perform all obligations stated herein.

11.3 You warrant that all information provided by You in relation to these Terms of Use are true, accurate and complete in every respect and are not misleading.

12. Data Processing And Privacy

We are the controller of the personal information processed when you use the LLC Services. You acknowledge that We will process your personal information as described in our Privacy Statement https://paysecure.africa/privacy-policywhen you use the LLC Services.

13. Content And Use Of The Services

13.1. Responsibility For Content And Use Of The Services

  • Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the LLC Services ("Content"), which will include without limitation any Content that account holders (including You) provide through your use of the LLC Services. By making your Content available through your use of the LLC Services, you grant Us a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. We are not responsible for any of your Content that you submit through the LLC Services.
  • You agree not to use, nor permit any third party to use, the LLC Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
  • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
  • Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
  • Except as permitted by us in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
  • Virus, Trojan horse, worm or other disruptive or harmful software or data; and
  • Any Content that you do not own or have the right to use without permission from the Intellectual Property Rights owners thereof.

13.2. Restricted Use Of The Services

You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to our reputation or could subject Us to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the LLC Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the LLC Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in our opinion, is prohibited under this Terms of Use; (v) any other activity that places Us in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of our system or network or to breach our security or authentication measures, whether by passive or intrusive techniques. We reserve the right to not authorize and may terminate your use of the LLC Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

14. Disclaimer Of Warranties

14.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS TERMS OF USE, THE LLC SERVICES ARE PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE LLC SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE LLC SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION

14.2 WE, OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE LLC SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

15. Limitation Of Liability And Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND THAT OF OUR AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE ONE (1) MONTH PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, WE, OUR AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET OUR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF WE AND OUR AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH OUR ENTIRE LIABILITY, OUR AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Us and our Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the LLC Services or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Us in the defense of any Claims.

16. Confidentiality

16.1 You hereto undertake to keep all Confidential Information of a non-public, confidential or proprietary nature, whether commercial, financial or a technical nature; customer, supplier, product or production related (written or oral) concerning PaySecure and the LLC Services.

16.2 You shall keep and maintain all Confidential Information in strict confidence, using the highest degree of care as is appropriate to avoid unauthorized access, use or disclosure, You shall use and disclose Confidential Information solely and exclusively for the purposes for which it was granted and provided pursuant to these Terms of Use.

16.3 You shall not use, sell, rent, transfer, distribute, or otherwise disclose or make available Confidential Information for the benefit of anyone except with our prior written consent.

16.4 You shall not directly or indirectly, disclose Confidential Information to any person other than Your authorized employees and to the extent required by applicable law.

16.5 Disclosure of Confidential Information as required by law or by any regulation or similar provision shall not amount to a breach of the obligation of confidentiality contained in this clause, provided that the receiving Party, where possible and only to the extent permitted by law, gives the disclosing Party not less than five (5) business days’ written notice of such disclosure and shall, to the extent possible, disclose only information that is necessary.

17. Changes

We reserve the right to modify this Terms of Use, in our sole discretion, at any time, and the modifications will be effective when posted on the LLC Platform or on our website for the LLC Services or when we notify you by other means. We may also change or discontinue the LLC Services, in whole or in part. It is important that you review this Terms of Use whenever we modify it because your continued use of the LLC Services indicates your agreement to the modifications.

18. Termination

We may, in our sole discretion and without notice, restrict, deny, terminate this Terms of Use or suspend the LLC Services, related or other services, effective immediately, in whole or in part, if we determine that your use of the services violates the provisions of this Terms of Use, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the services or systems and comply with our policy, if You withdraw or opt out from receiving electronic communication from Us or if your use of the services conflicts with our interests or those of another user of the LLC Services. Upon our notice that your use of the LLC Services has been terminated you must immediately stop using the LLC Services and any outstanding payments will become due. Any termination of this Terms of Use shall not affect our rights to any payments due to us. We may terminate a free account at any time. This provision shall survive and remain in effect even if this Terms of Use is terminated.

19. Governing Law And Jurisdiction

This Terms of Use will be governed by the laws of the Federal Republic of Nigeria. Notwithstanding the foregoing, you acknowledge that your breach of any provisions of this Terms of Use, or any infringement of our or our Suppliers’ Intellectual Property Rights may cause us irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that we shall be entitled, in addition to any other remedies available to us, to seek (in any court of competent jurisdiction, any relief (whether equitable or otherwise) to prevent or restrain any such breach or a likely breach by you or otherwise to protect our rights under this Terms of Use. You hereby submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.

20. Dispute Resolution

Any dispute, difference or disagreement arising out of or in connection with these Terms of Use shall be finally settled by mediation at the Lagos State Multidoor-Court house in accordance with the Lagos State Multidoor Court rules or any other applicable mediation center in the jurisdiction where the Business Owner is engaged. The mediation shall be conducted in English Language.

Notwithstanding the foregoing, PaySecure reserves the right to pursue the protection of its Intellectual Property Rights and Confidential Information through injunctive or other equitable relief through the courts.

21. General

This Terms of Use, including the Additional Terms (Schedule A), is the entire agreement between you and us regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Terms of Use is invalid, that section will be removed without affecting the remainder of the Terms of Use. The remaining terms will be valid and enforceable. You shall not assign or transfer this Terms of Use to anyone without our written approval. However, we may assign or transfer this Terms of Use without your consent to (a) an Affiliate, (b) a company through a sale of assets by us or (c) a successor by merger. Any assignment in violation of this Section shall be void.

22. Miscellaneous Terms

By accepting and agreeing to these Terms of Use electronically, You represent that:

22.1 By reason of the fact that the LLC Services are available as an online service, You understand that Your consent to these Terms of Use and Our privacy policy will be in the form of an electronic consent;

22.2 You have read and understand this consent to use electronic signatures and to receive communications electronically;

22.3 You satisfy the minimum hardware and software requirements specified below;

22.4 Your consent will remain in effect until You withdraw Your consent as specified below. To withdraw Your consent to these Terms of Use, the privacy policy, or the receipt of communications, please send Us an email via dpo@paysecure.africa.

22.5 If You withdraw Your consent to receive communications electronically, We may close any User Accounts created by You and You will no longer be able to use the LLC Services, except as expressly provided in these Terms of Use.

22.6 Any withdrawal of Your consent to receive communications electronically will be effective only after We have had a reasonable period of time to process Your withdrawal and confirm such withdrawal to You in writing.

22.7 We will do Our best to respond to any email sent by You to Us in relation to these Terms of Use within two (2) Business Days. 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.

22.8 We reserve the right, in our sole discretion, to communicate with You in paper form. In addition, We reserve the right, in our sole discretion, to discontinue the provision of electronic communications or to terminate or change the Terms of Use on which We provide electronic communications.

22.9 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 device number or other text message address by updating Your profile on the LLC Platform.

22.10 Please note that in order to access and retain communications provided to You electronically, You must have:

  1. a valid email address;
  2. a computer or other mobile device (such as tablet or smartphone) that operates on a platform like windows or a mac;
  3. a connection to the internet;
  4. a Current Version of internet explorer 8 (or higher), mozilla firefox 7.0, safari 5, or chrome;
  5. a Current Version of a program that accurately reads and displays PDF files, such as adobe acrobat reader version 7 or higher;
  6. a computer or device and an operating system capable of supporting all of the above; and
  7. a printer to print out and save communications in paper form or electronic storage to retain communications in an electronic form.


“Current Version” means a version of the software that is currently being supported by its publisher.

22.11 You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfies any legal requirement that such communications be in writing.

Additional Terms And Conditions For The Services

1. Services

When you use a LLC product or service, you establish a direct relationship with PaySecure, including each LLC product and service and the entities offering those services. This Terms of Use govern your use of the LLC Services, particularly as it relates to the subscription package opted for Services.

1.1 Modification To Services

We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the LLC Platform or on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.

2. Subscriptions And Users

When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator”. Administrators may authorize additional users to access the Services through the same user account, subject to limitations based on the subscription you purchase (such users, “Additional Users”). All Additional Users will be required to accept the Terms of Use before accessing the Services. Only Administrators may designate another individual as a replacement administrator and you are responsible for your Additional Users' access to the Services. Once an Administrator closes or terminates access to a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Terms of Use) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to your Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may not have the same level of access or rights as an Administrator. You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow us to provide the Services.

3. Trial Version And Beta Features

If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a license/subscription to the Service, at the prevailing rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the license/subscription of the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

From time to time, we may, at our sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and we are not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

4. Permitted Disclosures And Use Of Data

You acknowledge and agree that in order to provide you with access to and use of the Services, we may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by us to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

5. Personal Information

5.1 The terms "Controller", "Processor", "Data Subject", "Personal data (also referred to as Personal Information)" and "processing" (and "process"") shall have the meanings given in the Nigerian Data Protection Regulation (“NDPR”).

5.1. Our Role

5.2.1 We are a Controller of the Personal Information you provide through the Services.

5.2. Personal Information

You represent and warrant to us that:

5.3.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement;

5.3.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to third party products that you approve, and (d) otherwise use and disclose the Personal Information in accordance with this Agreement; and

5.3.3 If there is any discrepancy between this Agreement and our Privacy Statement with respect the collection, use, and/or disclosure of the Personal Information, the Privacy Statement will prevail. You further acknowledge and agree that we may provide data in your account to any Additional Users to which that data is applicable or personal to.

5.3. Public Content

As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data "Account Content" with other Users, other PaySecure customers, and other third parties. When sharing any Account Content, you agree not to share any Confidential Information. If you have the option of accessing another User’s Account Content, you understand and agree that the and agree that the Account Content is being provided by the User, and not us, for information and guidance purposes only, and we and such User are not responsible in any way for your use of the Account Content.

5.4. Telephone Numbers

You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that we may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve us sending text messages containing security codes to your telephone number. You agree to receive these texts from us containing security codes as part of the MFA process. In addition, you agree that we may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services or fulfilling a request made by you through the Services. Additionally, we may use your telephone number to contact you about special offers or other of our or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to us (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).

6. Service Use, Storage And Access

We shall have the right, in our sole discretion and with reasonable notice posted on our website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. We may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

7. Cancellation

After the subscription term ends, you will not have any access to the Services. There are no refunds upon cancellation. Please follow product instructions to cancel your account.

8. Third Party Applications

It may become necessary that in using our Services there may be the need to integrate with other third-party applications (hereinafter "Third-Party Application(s)"). Access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that We are not liable for any Third-Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that We may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from LLC Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses

LLC is a PaySecure product

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