Privacy & Cookie Policy

Paystack South Africa (PTY) LTD (“Paystack”, “Company”, “we”, “us” or “our”) offers an online payment platform that allows customers to make seamless, stress-free payments online for desired goods and services. This Privacy and Cookie Policy (“Privacy Policy”) describes how we collect, use, store, share, and protect personal information received from website visitors, customers, and/or vendors/service Providers (“Data Subjects”) who engage with us. It applies to our website and all related sites, applications, services and tools (collectively, our “Services”). We therefore implement business practices that comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”). This Privacy Policy applies to all processing of personal information.

Where we refer to "Personal Information" in this Privacy Policy, we mean personal information as defined in POPIA, being information that may be used to identify you directly or indirectly. Personal Information includes, for example, name, surname, email address, contact details, and location.

Our Services are primarily intended for and provided to businesses and other organisations (“Merchants”), and not individual consumers. Thus, we generally process personal information of website visitors, customers, and/or vendors at the direction of and on behalf of Merchants. When we do, we do so as a service provider or an “Operator” or “Data Processor” to those Merchants, but we do not control and are not responsible for the privacy practices of those Merchants. If you are a customer of a Paystack Merchant, you should read that Merchant’s Privacy Policy and direct any privacy inquiries to that Merchant. If you are a Merchant, please see the Merchant Privacy Policy.

This Privacy Policy does not apply to services that are not owned or controlled by Paystack, including third-party websites and the services of Paystack’s Merchants. This Privacy Policy applies to all forms of systems, operations and processes within the Paystack environment that involve the processing of personal information. Paystack is a Stripe company; for more information about Stripe’s privacy practices, see the Stripe Privacy Policy https://stripe.com/en-gb/privacy.

By using or accessing our Services, you agree to the collection, use, and disclosure of your personal information as described in this Privacy Policy. Your use of our Services is also subject to Paystack’s Terms.

1. The Information we Collect

The personal information we collect depends on how you interact with us, the services you use, and the choices you make. We may collect information from different sources and in various ways, including information you provide directly, information collected automatically, from third-party data sources, and data we infer or generate from other data or your use of the Services.

1.1 Personal Information You Provide Directly

We collect personal information that you provide to us. For example:

  • General and Contact information. As part of our operations, Paystack may collect information such as your name, telephone numbers, address, email, etc.
  • Payment information. If you make a purchase or other financial transaction, such as when you checkout with Paystack on a Merchant’s website, we collect credit card numbers, financial account information, and other payment details.
  • Communications. If you contact us directly, for example with an inquiry or a support request, we may receive additional personal information about you, including your email address and the content of your communications.

1.2 Personal Information We Collect Automatically

  • Device Information. We receive information about the device and software you use to access our Services, including Internet Protocol (IP) address, web browser type, operating system version, and device identifiers.
  • Usage Information. To help us understand how you use our Services, including the demo portion of our website, and to help us improve them, we automatically receive information about your interactions with our Services. This information includes records of your transactions and information about your other activities related to our Services, such as date and time of your sessions, the pages you view, links to/from any page, and time spent in a session. We gather certain information through the use of cookies and similar technologies as discussed below.
  • Location Information. When you use our Services, we may collect or infer your general location information. For example, your IP address may indicate your general geographic region.

1.3 Personal Information That We Receive from Others or Infer

  • Partners. We may retrieve additional personal information about you from third parties and other identification/verification services such as your financial institution and payment processor. We may combine that data with other information we have about you.
  • Publicly available sources. Public sources of information such as open government databases.
  • Inferences. We may infer additional personal data based on the personal information described above. For example, for website visitors, we may infer your interests based on the web pages you view.

When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow our collection and use of information that is necessary for certain services or features, those services or features may not be available to you or fully functional.

2. How We Use Personal Information

We use the Personal Information we collect to:

  1. Provide you with the required Services
  2. Respond to your questions or requests and manage our relationship with you
  3. Improve features, website content and analyse data to develop products and services
  4. Address inappropriate use of our website and Services
  5. Prevent, detect and manage risk against fraud and illegal activities using internal and third party screening tools
  6. Send you marketing content, newsletters and service updates curated by Paystack (only in compliance with applicable laws or otherwise with your explicit consent)
  7. Verify your identity and the information you provide in line with Paystack’s statutory obligations using internal and third party tools
  8. Maintain up-to-date records
  9. Resolve disputes that may arise, including investigations by law enforcement or regulatory bodies
  10. Any other purpose that we disclose to you in the course of providing Paystack Services to you, or otherwise in compliance with applicable laws, if you consent to it or if it is in the public interest to do so

3. How We Share Personal Information

Paystack does not sell, trade or rent personal information to anyone. Further, we will not share or disclose your personal information with a third party without your consent except as necessary to provide the Services or as described in this Privacy Policy.

  • Merchants. We may share your contact information with Merchants as part of your purchase details for record purposes. We will not share this information with other third parties except as a necessary part of providing our website and Services. We do not share your card information with Merchants. Please review your Merchant’s privacy policy to understand the privacy practices guiding the Merchant you transact with.
  • Service providers. We share personal information with service providers, vendors or agents working on our behalf for the purposes described in this Privacy Policy. For example, companies we've hired to provide customer service support, to assist in protecting and securing our systems and services, or to perform sanctions screening and identity verification services may need access to personal information to provide those functions. The processing by such third parties shall be governed by a written contract with Paystack to ensure adequate protection and security measures are put in place for the protection of personal information in compliance with applicable data protection laws.
  • Financial services & payment processing. When you provide payment data, for example to make a purchase, we will share payment and transactional data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services in terms of written agreements with thise third parties and as required by POPIA.
  • Affiliates. We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access is needed to provide our Services and operate our business.
  • Corporate transactions. We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
  • Legal and law enforcement. We may access, disclose, and preserve personal information in accordance with applicable law and when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.
  • Security, safety, and protecting rights. We will disclose personal information if we believe it is necessary to:
    • protect us, our customers and others, for example to prevent fraud, or to help prevent the loss of life or serious injury of anyone;
    • operate and maintain the security of our Services, including to prevent or stop an attack on our computer systems or networks; or
    • protect the rights or property or ourselves or others, including enforcing our agreements, terms, and policies.

Third party analytics and advertising companies also collect personal information through our website and apps including, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies section of this Privacy Policy. These third parties may combine this data across multiple sites to improve analytics for their own purposes and others. For example, we use Google Analytics on our website to help us understand how users interact with our website. You can learn how Google collects and uses information at www.google.com/policies/privacy/partners.

Finally, we may share de-identified information in accordance with POPIA. Download our PAIA manual here, to learn more.

Please note that Merchants, sellers, and other users that you buy from or contract with have their own respective privacy policies, and although Paystack’s Merchant Terms of Use does not allow the other transacting party to use your information for anything other than as authorised by you, Paystack is not responsible for their actions, including their data protection practices. If you provide personal information to any of those third parties, or allow us to share personal information with them, their use of that data is governed by their privacy policies.

4. Cookies

We and our partners use cookies and similar technologies on our website to help collect information and operate the website. We use cookies to remember users and make your user experience easier; customise our Services, content and advertising; help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and to promote trust and safety on our website. Cookies are small text files placed by a website and stored by your browser on your device.

Our cookies hold a unique random reference to you so that once you visit the website, we can recognise who you are and provide certain content to you.

Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this may impact your experience when using our website.

5. How We Protect your Information

Paystack has established adequate controls in order to protect the integrity and confidentiality of personal information, both in digital and physical format and to prevent personal information from being accidentally or deliberately compromised.

Paystack is committed to managing your personal information in line with best practices and in compliance with POPIA. We protect your personal information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration, we also use industry recommended security protocols to safeguard your personal information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our buildings and files, and only granting access to personal information to employees who require it to fulfil their job responsibilities. Employees may have access to personal information only as is appropriate for the type and scope of the task in question and are contractually forbidden to use personal information for their own private or commercial purposes or to disclose information to unauthorised persons, or to make information available in any other way.

In compliance with the Payment Card Industry Data Security Standard (PCI DSS Requirements”), we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure your card information is safe and secure in our servers. Additionally, we implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.

Two factor authentication (“2FA”) is an additional layer of security we have added to your account. When 2FA is enabled, you will be required to enter a One Time Password (OTP) (which is a verification code we have sent to you for authentication purposes), each time you checkout using Paystack on a Merchant’s website or platform. While we encourage you to enable this feature on every transaction, you may choose to disable the 2FA feature after your initial enrolment by clicking on the toggle button to disable. However, if you choose to disable this feature, you agree that Paystack shall not be liable for any loss or damages incurred as a result of your action.

Paystack also maintains a data breach procedure in order to deal with incidents concerning personal information or practices leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal information transmitted, stored or otherwise processed. You may contact our Information Officer (IO) upon becoming aware of any breach of personal information or if your access credentials have been compromised, to enable us to take the necessary steps towards ensuring the security of your personal information or account. We will report any breaches that will compromise your rights and freedoms to the Information Regulator in compliance with POPIA.

6. Storage Limitation

We will retain your information for the following periods:

  • As long as reasonably necessary for the purpose of providing our Services to you
  • For the duration your account is active and we have your consent
  • For the period needed to comply with our legal and statutory obligations
  • As needed to verify your information with a financial institution
  • For our legitimate business purposes

Paystack is statutorily obliged to retain the data you provide in order to process transactions, ensure settlements, make refunds, identify fraud and to comply with applicable laws and regulatory guidelines, and will retain certain information in compliance with various applicable laws.

Under the Financial Intelligence Centre Act 38 of 2001 we are mandated to retain transactional records (customer and beneficiary names, addresses, identification number, amount, currency etc.) for at least five years following the completion of the transaction. Paystack is also required to maintain records of data relating to the establishment of a business relationship for five years following the termination of said business relationship.

This Privacy Policy also applies when we retain your Personal Information after our relationship has come to an end. We may also retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights and may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the Services.

7. Transfer of Data

As part of our Service provision and due to the nature of our business, we may rely on third-party servers, databases co-located with hosting providers, and resident in foreign jurisdictions, which constitutes the transfer of your personal information to computers or servers in foreign countries. We take steps designed to ensure that the data we collect under this Privacy Policy is processed and protected according to the provisions of this Privacy Policy and applicable laws wherever the data originates from or is located.

Where personal information is to be transferred to a country outside South Africa, Paystack shall put adequate measures in place to ensure the security of such personal information. Any transfer of personal information out of South Africa will be in accordance with the provisions of POPIA and relevant data protection regulations. In particular, Paystack shall, among other things, use contractual terms to ensure protection of the data or ensure the country has adequate data protection laws (i.e. listed in Nigeria’s National Information Technology Development Agency’s [“NITDA”] White List of Countries, or the General Data Protection Regulation’s [“GDPR”] Adequacy List).

Should you wish to transfer personal information to a country deemed to have inadequate data protection laws, Paystack will take all necessary steps to ensure that informed consent is obtained from you, and you are aware of the risks entailed with consenting to such transfer. In all instances, Paystack will ensure personal information is transmitted in a safe and secure manner. Details of the protection given when your personal information is transferred abroad, and details of the basis of such transfers, will be provided to you upon request.

8. Grounds for Processing of Personal Information

Processing of Personal Information by Paystack shall be lawful if at least one of the following applies:

  • the Data Subject has given consent to the processing of his/her Personal Information for one or more specific purposes;
  • the processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
  • the processing is necessary for compliance with a legal obligation to which Paystack is subject;
  • the processing is necessary in order to protect the legitimate interests of the Data Subject; or
  • the processing protects a legitimate interest of the data subject, or is necessary for pursuing the legitimate interest of Paystack or of a third party to whom it is supplied.

All purposes for the processing of your personal information will be legal in terms of POPIA.

9. Choices and Rights

Data Subjects have the following rights in respect of their personal information:

  • Right of access – the right to be informed of and request access to the Personal Information that we process about you;
  • Right to rectification – you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
  • Right to erasure – the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
  • Right to restrict processing – you may request that we temporarily or permanently stop processing your Personal Information;
  • Right to object –
    • you may object to us processing your Personal Information; and
    • to your Personal Information being processed for direct marketing purposes;
  • Right not to be subject to automated decision-making – where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.

Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.

10. Quality and access to your information

Quality. Where we are the Responsible Party, we want to ensure that your personal information is accurate and up to date. You may ask us to correct or remove any personal information that you think is inaccurate, by sending us an email to [email protected]

Object. You may, on reasonable grounds, object to us using your personal information for certain purposes. If you object, we will stop using your personal information, except if POPIA allows its use. To exercise this right or to discuss it with us, please contact us at [email protected]ck.com.

Access. You have the right to request us to provide you with personal information that we hold about you. You must contact us directly to do so by sending an email to [email protected] This request may be subject to an access to information request in terms of applicable laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee. If a third party is the responsible party for the information, any request will need to be addressed to that third party. The right to access your personal information may further be limited in terms of POPIA and other applicable laws.

Your request will be reviewed and answered by Paystack's Information Officer as soon as reasonably possible. You may review your account settings and update your Personal Information directly or by contacting us.

11. Direct Marketing

We may process your Personal Information to contact you to provide you with information regarding updates about the Services and new features and products that may be of interest to you. Where we provide Services to you, we may send information to you regarding our Services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications where you have consented to us sending you direct marketing or otherwise in compliance with POPIA. The law does not require consent for all marketing, but where consent is required, Paystack will only do marketing with the necessary consent.

You may unsubscribe from direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication or by contacting us and requesting us to do so. You can also ask us to not send you direct marketing communications when you register to use our Services. After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact you when necessary in connection with providing you with the Services or in connection with our business.

If we process personal information for direct marketing purposes on the instructions of a third party for their own purposes, that third party as the responsible party has the obligation to comply with all direct marketing requirements in terms of POPIA.

We will not sell your personal information or provide it to third parties outside of the group of companies to which we belong or to original equipment manufacturers with whom we are affiliated for their marketing purposes without your consent.

12. Changes to This Privacy Policy

We may need to update, modify or amend our Privacy Policy as our technology evolves and as required by law. If we materially change the ways in which we use or share personal information previously collected from you through our Services, we will provide notice or obtain consent regarding such changes as may be required by law. The Privacy Policy will apply from the effective date provided on our website.

13. Contact Paystack’s Information Officer

If you have any questions relating to this Privacy Policy or would like to find out more about exercising your data protection rights, please reach out to our Information Officer via email at [email protected].

For any further queries, please send all correspondence to the following address:

45 Kingfisher Dr,
Fourways,
Sandton, 2055
South Africa.

14. Lodging a complaint

If you want to raise any objection or have any queries about our privacy practices, you can contact our information officer at [email protected]

You also have the right to formally lodge a complaint to the Information Regulator in terms of POPIA as follows:

Acceptable Use Policy

By accessing or using Paystack's website and/or services, as a merchant or user, you agree to comply with the terms and conditions of this Acceptable Use Policy.

1. Restricted Activities

You may not use Paystack's website or services in connection with any product, service, transaction or activity that:

  • violates any law or government regulation, or promotes or facilitates such by third parties;
  • violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network (each, a "Card Network");
  • is fraudulent, deceptive, unfair or predatory;
  • causes or threatens reputational damage to Paystack or any Card Network;
  • involves any of the business categories listed in clause 2 below; or
  • results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability for customers, yourself as a merchant, Paystack, the service providers that we rely on to provide our services or any Card Network.

2. Certain Business Categories

You may not use Paystack in connection with any product, service, transaction or activity that:

  • falls within the Consolidated List of Prohibited and Restricted Imports and Exports, maintained by SARS Customs and Excise in terms of section 113(8)(a) of the Customs and Excise Act 91 of 1964;
  • is prohibited by the Card Networks;
  • relates to the sale and/or purchase of:
    1. banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety;
    2. unlawful tobacco and electronic smokeless products;
    3. blood, bodily fluids or body parts;
    4. burglary tools;
    5. counterfeit items;
    6. illegal drugs and drug paraphernalia and illegal pharmaceutical products;
    7. fireworks, destructive devices and explosives;
    8. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
    9. lottery tickets, sweepstakes entries or slot machines without the required license;
    10. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
    11. chemicals;
    12. recalled items;
    13. prohibited services;
    14. unlicensed financial services, stocks or other securities;
    15. stolen property;
    16. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
    17. sales of currency without a Bureau De Change license, cryptocurrency operators;
    18. obscene material or pornography;
    19. certain sexually oriented materials or services;
    20. certain firearms, firearm parts or accessories, ammunition, weapons or knives;
    21. any product or service that is illegal or marketed or sold in such a way as to create liability to Paystack; or
    22. production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services.
  • relate to transactions that:
    1. show the personal information of third parties in violation of applicable law;
    2. support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
    3. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
    4. pertain to ammunitions and arms; and
    5. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Paystack and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

3. Actions by Paystack

If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Paystack and any impacted third parties and to ensure compliance with this Acceptable Use Policy.

Such actions may include, without limitation:

  • Blocking the settlement or completion of one or more payments;
  • Suspending, restricting or terminating your access to and use of Paystack's services;
  • Terminating our business relationship with you, including termination without liability to Paystack of any payment service agreement between you and Paystack;
  • Taking legal action against you;
  • Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
  • Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys' fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

4. Updates, Modifications & Amendments

We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy.

We advise that you check this page often, referring to the date of the last modification on the page.

Terms of Use

By using this website (www.paystack.com), any of our websites and/or services, you agree to these Terms of Use. The website Privacy Policy, Acceptable Use Policy and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use.

About Us

Paystack South Africa Proprietary Limited ("Paystack", "we", "us" or "our") is an online payment gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers ("you" or "User").

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis to the supplier of the products and services that you are using our services to purchase. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a buyer or seller will complete a transaction.

This Terms of Use is an agreement between you and Paystack. It details Paystack's obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

Privacy Policy

Paystack is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

Age Restriction

Our website and services are not directed to persons under the age of 18. We do not knowingly transact or provide any services to persons under the age of 18.

Disputes & Reversal

If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately to enable us take action to help prevent financial loss.

All claims against us related to payments should be made within 45 (forty-five) calendar days after the date of such payment. If you have not made a claim regarding an unauthorised or problematic transaction within that time, you will have waived your right to bring any claims against us.

If you enter into a transaction with a merchant and have a dispute over the goods or services you purchased, Paystack has no liability for such goods or services and your claim must be brought against the merchant. Paystack's only involvement with regard to such transaction is as a payment gateway.

We may intervene in disputes between users and merchants concerning payments but have no obligation to do so.

Your transaction ID and/or transaction details will be required to resolve all disputes.

Acceptable Use Policy

You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Paystack's website or services, you agree to comply with the terms and conditions of our Acceptable Use Policy which is available on our website.

Disclaimers

WE TRY TO KEEP THE PAYSTACK WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAYSTACK MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM PAYSTACK, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "PAYSTACK PARTIES") SHALL CREATE ANY WARRANTY WHATSOEVER.

Limitation of Liability

IN NO EVENT WILL ANY OF THE PAYSTACK PARTIES BE LIABLE FOR ANY COSTS, CLAIMS, PENALTIES, ACTIONS, JUDGEMENTS, SUITS, EXPENSES, DISBURSEMENTS, FINES OR OTHER AMOUNTS WHICH YOU MAY SUSTAIN, BE THREATENED WITH OR SUFFER, OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH PAYSTACK'S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF PAYSTACK'S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR THE EQUIVALENT OF TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00) DOLLARS, WHICHEVER IS LESSER.

THE PAYSTACK PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED (WHETHER ARISING UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS OR DAMAGE WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE), INCLUDING BUT NOT LIMITED TO ANY LOSS OF COMMERCIAL OPPORTUNITIES OR LOSS OF PROFITS, AND WHETHER AS A RESULT OF NEGLIGENT (INCLUDING GROSSLY NEGLIGENT) ACTS OR OMISSIONS OF THE PAYSTACK PARTIES.

By agreeing to these Terms of Use, you agree to indemnify, defend and hold the Paystack Parties harmless against any claim by any third party for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, from a breach of this Terms of Use by you.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Paystack Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Paystack Party's liability shall be the minimum permitted under such applicable law.

Updates, Modifications & Amendments

We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to Users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately as your continued use of the website and/or services will be deemed as your acceptance of the changes.

Applicable Law

These Terms of Use shall be interpreted and governed by the laws currently in force in the Republic of South Africa.

Legal Disputes

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use which cannot be settled by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator in accordance with the Commercial Rules for Arbitration as stipulated by the Arbitration Foundation of South Africa ("AFSA"). The arbitrator shall be appointed by both of us (we and you), failing which either party will be entitled to approach the Secretariat of AFSA to appoint an arbitrator. The findings of the arbitrator and subsequent award shall, in the absence of manifest error, be binding on both of us. Each of us shall bear our respective costs in connection with the arbitration. The venue for the arbitration shall be Johannesburg, South Africa.

Severability

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Suspension of the website and/or services

We may, without liability, temporarily suspend the website and/or services for any reason, including for repairs or upgrades to the website and/or services or as a result of the third-party services that we make use of. Paystack will take reasonable efforts to notify Users of such suspensions in advance.

Terms of Service

By signing up for an account on this website (www.paystack.com), or by using any of our websites and/or services, you are deemed a "merchant" and agree to these Merchant Terms of Service (the "Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING UP AS A MERCHANT. If you do not agree to any or all of the terms of this Agreement, DO NOT USE THIS WEBSITE OR OUR SERVICES AS A MERCHANT.

About Us

Paystack South Africa Proprietary Limited ("Paystack", "we", "us" or "our") is an online payment gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers.

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not endorse, have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a buyer or seller will complete a transaction.

Agreement

This Agreement is an agreement between you, the merchant, and Paystack. It details Paystack's obligations to you. It also highlights certain risks of using the services and you must consider such risks carefully as you will be bound by the provisions of this Agreement through your use of this website or any of our services.

This Agreement applies in addition to the Merchant Services Agreement that you will enter into with Paystack. Where the terms of this Agreement are inconsistent with the terms of the Merchant Services Agreement, the terms of the Merchant Services Agreement shall prevail to the extent of the inconsistency.

Registration

To use Paystack's services, you have to create a Paystack account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information (by ourselves or through third party service providers), after which we will approve your account unless deemed risky. By creating an account, you give us permission to carry out these activities.

Any personal information that we process when registering your account will be processed in accordance with our privacy policy.

Change of Information

In the event that you change any information provided to us at registration, such as your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring of your business occurs, you agree to notify us within 14 calendar days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us, and we reserve the right to suspend your use of our services where your information that is registered with us is not up to date.

Representation and Warranties

You represent and warrant to Paystack that:

  1. you have full power and authority to enter into, execute, deliver and perform in terms of this Agreement; and
  2. you are duly organised, authorised and in good standing under the laws of the Republic of South Africa or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.

Age Restriction

Our website and services are not directed to persons under the age of 18. We do not knowingly transact or provide any services to persons under the age of 18.

Account Security

You agree not to allow anyone else to have or use your password details to access your account and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, or should anyone enter your password details (whether that be you, or anyone else), we assume that the person using the services is you, and Paystack will not be liable to you for any losses or damages that you or any third party may suffer as a result. You agree to also take all reasonable steps to protect the security of the personal electronic device through which you access Paystack's services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Paystack's services and not sharing your device with other people).

You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your account, and update your password details immediately to secure your account.

Data Compliance

You agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard ("PCI DSS Requirements") and any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and/or disclosure of user information. Information on the PCI DSS Requirements can be found on the PCI Council's website. It is your responsibility to comply with these standards as they are applicable to you.

We are responsible for the security and protection of Card Holder Data (CHD) that we collect and store. Accordingly, we implement access control measures, security protocols and standards, including the use of encryption and firewall technologies, to ensure that CHD is kept safe and secure on our servers in compliance with the PCI DSS Requirements. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.

We acknowledge that you own all your customers' data. By entering into this Agreement, you hereby grant Paystack a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers' data for the following purposes:

  1. providing and improving our services;
  2. internal usage, including but not limited to, data analytics and metrics, so long as individual customer data has been anonymized and aggregated with other customer data;
  3. complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and
  4. any other purpose for which consent has been provided by your customer.

Software License

We hereby grant you a revocable, non-exclusive, non-transferable license to use Paystack's APIs, developer's toolkit, and other software applications (the "Software") in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with Paystack's services. If you do not comply with the documentation and any other requirements provided by Paystack in respect of the Software, you will be liable for all resulting damages suffered by you, Paystack and third parties.

Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software.

Upon expiration or termination of this Agreement, you will immediately cease all use of any Software and documentation.

Trademark License

We hereby grant you a revocable, non-exclusive, non-transferable license to use Paystack's trademarks that are used to identify our services (the "Trademarks") solely in conjunction with the use of our services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to Paystack (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks.

Intellectual Property

Other than those expressly mentioned in this Agreement, we do not grant any right or license to any Paystack intellectual property rights by implication, estoppel or otherwise.

Each party shall retain all intellectual property rights, including all ownership rights, title, and interest, in and to its own products and services, subject only to the rights and licenses specifically granted herein.

Publicity

You hereby grant Paystack permissions to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. Such Publicity does not imply an endorsement for your products and services.

Confidential Information

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party's services, know how, technology, techniques, or business or marketing plans (collectively, the "Confidential Information"), all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party's obligations under this section or by breach of a third party's confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations; or (iv) is independently developed by the receiving party.

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party's Confidential Information; (ii) not use the disclosing party's Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party's express prior written consent; (iii) disclose the disclosing party's Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party's internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure of the Confidential Information.

Know Your Customer

You agree that you are solely responsible for verifying the identities of your customers, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.

You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide Paystack with this information.

Card Network Rules

Each "Card Network" (meaning Visa, MasterCard and any other applicable card association) has its own rules, regulations and guidelines. You are required to comply with all rules of the Card Networks ("Network Rules") that are applicable to merchants. You can review the Network Rules as published by Mastercard, Visa, Verve and other Card Networks. The Card Networks reserve the right to amend the Network Rules from time to time.

Customer Payments

You may only process payments when authorised to do so by your customer. We will only process transactions that have been authorised by the applicable Card Network or card issuer.

We do not guarantee or assume any liability for transactions authorised and completed that are later reversed or charged back (see Chargebacks below). You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback.

Paystack may add or remove one or more payment types or Card Networks at any time. If we do so we will use reasonable efforts to give you prior notice of the removal.

Our Fees & Pricing Schedule

You agree to pay us for the services we render to you as a payment gateway for payment of your goods and services. Our "Fees" will be calculated as demonstrated on the Pricing page on the website and can be calculated on the same page using the "little calculator" we have provided. The Fees on our Pricing page are integral to and forms part of this Agreement.

We reserve the right to revise our Fees. In the event that we revise our Fees, we will notify you within 5 (five) business days' of such change.

Payouts

Subject to the terms of this Agreement, Paystack will send to your designated bank or card settlement account ("Bank Account") all amounts settled and due to you from your transactions with customers, minus our Fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to Paystack under this Agreement ("Payout"). If the Payout is not sufficient to cover the amounts due by you to Paystack, you agree that we may debit your Bank Account for the applicable amounts due, and/or set-off the applicable amounts against future Payouts due to you. By entering into this Agreement, you agree to provide us with all necessary Bank Account and related information on our request, and grant us permission to debit amounts due by you from your Bank Account.

After a transfer of funds (“Payout”) is initiated to your Bank Account, we will update information on your Paystack dashboard ("Dashboard") to reflect settlement of the transactions that the Payout relates to. Information regarding your transactions that are processed and settled using Paystack ("Transaction History") will be available to you when you login to your Paystack Dashboard.

While we will provide Transaction History in your Paystack Dashboard, you are solely responsible for compiling and retaining permanent records of all transactions concluded with customers and other data associated with your Paystack account as may be required for your business. Paystack is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations.

Payout Schedule

Your "Payout Schedule", which is the time it takes us to initiate a transfer of settled funds from card transactions processed through us to your Bank Account, is on your Paystack Dashboard. We reserve the right to change your Payout Schedule, suspend Payouts to your Bank Account or initiate a Reversal (as set out below) should we deem it necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds (as discussed below), or other suspicious activity associated with your use of Paystack's services, or if required by law or court order.

How we handle your Funds

You authorise and instruct Paystack to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the Card Networks. By accepting this Agreement, you further authorise Paystack on how your card transaction settlement funds should be disbursed to you as Payouts and the timing of such Payouts (as set out in the Payout Schedule).

You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by Paystack pending settlement and Payout to your Bank Account.

Settlement funds will be held in a deposit account by Paystack pending Payouts to you in accordance with the terms of this Agreement. We may periodically make available to you information about pending settlements yet to be received by us from the Card Networks.

Your authorisations as provided in this section will remain valid and be of full effect until your Paystack account is closed or terminated.

Security and Fraud Controls

Paystack is responsible for protecting the security of payment data, including CHD, in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorised access and accidental loss or modification. Although we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such personal information for improper purposes, we will take all reasonable and commercially achievable measures to implement and address any security incident as soon as we become aware of such security incident.

You agree to use other procedures and controls provided and/or recommended by us and other measures that are appropriate for your business to reduce the risk of fraud.

In the event that you suspect any fraudulent activity by a customer, you agree to notify Paystack immediately and terminate the delivery of the service to that customer. In addition, where we suspect that there have been frequent fraudulent transactions on your account, we reserve the right to suspend or cancel our service to you and/or your account without liability.

Notification of Errors

You agree to notify us immediately where any error is detected while reconciling transactions that have been concluded using our services. We will investigate all errors and rectify such errors once verified. In the event that we notice any errors, we will also investigate and rectify such errors.

Where we owe you money as a result of such errors, we will refund the amounts owed to you by a bank transfer to your Bank Account assuming you owe us no fees.

If a transaction is erroneously processed through your platform, you agree to report such error to us immediately. We will investigate any such reports and attempt to rectify the errors by crediting or debiting your Bank Account as appropriate. You agree to cooperate with Paystack and provide us with relevant information as we may reasonably request.

Failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to any amounts that are owed to you due to an error. You agree that Paystack will not be liable for any interest on any amounts that may be owed to you by Paystack for any reason whatsoever.

Chargebacks

A "Chargeback" usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their card. A dispute may result in the reversal of a transaction and the value of the transaction (and associated fees) being charged to you.

You may be assessed Chargebacks for (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with Network Rules, the terms of this Agreement or transactions that are allegedly unlawful or suspicious; or (iv) any reversals for any reason by a Card Network, our processors, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines and liability that we incur arising out of that Chargeback, and agree that we may recover these amounts by debiting your Bank Account or setting them off against any future amounts that are due to you from Paystack. Where these amounts are not recoverable by debiting your Bank Account or through set-off, you agree to pay all such amounts through any other means.

Reserves

In our sole discretion, we may place a reserve on a portion of your Payouts by holding such portion for a certain period where we believe there is a high level of risk associated with your business ("Reserve"). If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Payouts to be held back, the duration of the Reserve and any other such restrictions that Paystack may deem necessary. Where such terms are changed, we will notify you.

You agree that you will remain liable for all obligations related to your transactions during and after the release of any Payouts held in Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks and other adjustments.

To secure your performance of this Agreement, you grant Paystack a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.

Refunds

You agree that you are solely responsible for accepting and processing returns of your products and services with customers. We are under no obligation to process returns of your products and services, or to respond to your customers' inquiries about returns of your products and services. You agree to submit all Refunds for returns of your products and services that were paid for through Paystack's services to your customers in accordance with this Agreement and relevant Network Rules.

Termination and suspension

You may terminate this Agreement by closing your Paystack Account.

In addition to any other provisions in this Agreement, we may suspend your Paystack Account and your access to Paystack's services and any funds, or terminate this Agreement, if:

  1. you do not comply with any of the provisions of this Agreement;
  2. we are required to do so by applicable laws;
  3. we are directed to do so by a Card Network or issuing financial institution; or
  4. where a suspicious or fraudulent transaction occurs.

Where access to any funds is suspended, Paystack will suspend the processing of the relevant transaction(s), or withhold settlement until an investigation into the transaction(s) has been certified as completed or concluded by Paystack. Any funds retained by Paystack as a result will under no circumstances incur interest or other compensation in favour of you, the merchant.

Restricted Activities & Acceptable Use Policy

You are solely responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Paystack's website or services, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it. The policy is available on our Acceptable Use Policy page.

Privacy Policy

Paystack is committed to managing your Personal Information in line with global industry best practices and applicable laws. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

Disclaimers

WE TRY TO KEEP THE PAYSTACK WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAYSTACK MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM PAYSTACK, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE "PAYSTACK PARTIES") SHALL CREATE ANY WARRANTY WHATSOEVER.

Limitation of Liability

IN NO EVENT WILL ANY OF THE PAYSTACK PARTIES BE LIABLE FOR ANY COSTS, CLAIMS, PENALTIES, ACTIONS, JUDGEMENTS, SUITS, EXPENSES, DISBURSEMENTS, FINES OR OTHER AMOUNTS WHICH YOU MAY SUSTAIN, BE THREATENED WITH OR SUFFER, OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH PAYSTACK'S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF PAYSTACK'S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR THE EQUIVALENT OF TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00) DOLLARS, WHICHEVER IS LESSER.

THE PAYSTACK PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED (WHETHER ARISING UNDER CONTRACT, DELICT OR OTHERWISE AND WHETHER THE LOSS OR DAMAGE WAS ACTUALLY FORESEEN OR REASONABLY FORESEEABLE), INCLUDING BUT NOT LIMITED TO ANY LOSS OF COMMERCIAL OPPORTUNITIES OR LOSS OF PROFITS, AND WHETHER AS A RESULT OF NEGLIGENT (INCLUDING GROSSLY NEGLIGENT) ACTS OR OMISSIONS OF THE PAYSTACK PARTIES.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Paystack Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Paystack Party's liability shall be the minimum permitted under such applicable law.

Indemnity

You agree to defend, indemnify, and hold Paystack, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.

Updates, Modifications & Amendments

We may need to update, modify or amend this Agreement as our technology evolves. We reserve the right to make changes to this Agreement at any time by giving notice to you on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If you have any objection to any of the changes to this Agreement, you must cease using our website and/or services immediately as your continued use of the website and/or services will be deemed as your acceptance of the changes.

Applicable Law

This Agreement shall be interpreted and governed by the laws of the Republic of South Africa.

Legal Disputes

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator in accordance with the Commercial Rules for Arbitration as stipulated by the Arbitration Foundation of South Africa ("AFSA"). The arbitrator shall be appointed by both of us (we and you), failing which either party will be entitled to approach the Secretariat of AFSA to appoint an arbitrator. The findings of the arbitrator and subsequent award shall, in the absence of manifest error, be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. The venue for the arbitration shall be Johannesburg, South Africa.

Severability

If any portion of this Agreement is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from this Agreement and shall not affect the validity or enforceability of any other part in this Agreement.

Miscellaneous

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All notices sent pertaining to this Agreement shall be sent to the email or physical addresses that you have provided when registering an account, or as updated by you from time to time. Paystack nominates the following address for the service of any legal notices: 45 Kingfisher Drive, Fourways, Sandton, Gauteng, 2191, South Africa.

Assigning or sub-contracting any of your rights or obligations under this Agreement to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under this Agreement to any third party.

Effective Date: Thursday, Dec 30, 2021