Privacy Policy

Paystack Payments Limited (“Paystack”, “Company”, “we”, “us” or “our”) offers an online payment platform and a Point-of-Sale (PoS) Terminal deployment and support service that allows Users to make seamless, stress-free payments for desired goods and services online and at physical retail locations. At Paystack, we are committed to protecting the privacy and security of our consumers’ and users’ personal data. We are committed to transparency, accountability and confidentiality of your data. This is why our Privacy and Cookie Policy (“Privacy Policy”) describes how we collect, use, store, share, and protect personal data from Website Visitors, Paystack Users, and/or Vendors (“Data Subjects”) who engage with our services. It applies to our website and all related sites, applications, services and tools (collectively, our “Services”).

Terms

Please read these terms and conditions carefully. They are an agreement between You (a “User” or “You”) and Paystack Payments Limited its successors, affiliates, and assignees (“Paystack”, “We” “Our” or “Us” ) and define the terms upon which You may Use Paystack’s Zap App (the “App”) to make payment transaction to individuals and businesses (the “Service”) whether as a guest, registered User or on the authorisation of a registered User.

Zap is a mobile transfer application of Paystack Payment Limited. Before accessing or using the Service, You must read and agree to these Terms by selecting and clicking on [“Continue”], [“I Accept”], [“I Consent”], or any similar electronic indication of acceptance which We provide to You. By doing so, You accept these Terms and consent to Paystack’s processing of Your Personal Data as described under these Terms, in Paystack’s Privacy and Cookie Policy and in Paystack’s Acceptable Use Policy which are incorporated by reference into these Terms. In the event of a conflict between these Terms and any terms incorporated by reference into these Terms, the incorporated Terms shall prevail.

We may modify these Terms without prior notice to You, provided that We reserve the right to notify You of any changes to the existing terms or the addition of new terms by posting an updated version of these Terms on the App or delivering notice to You electronically. Your continued use of the Service in such instance will constitute Your consent to the updated Terms.

1. Eligibility

1.1 In order to access or use the Service, You must:

    1.1.1. accept and agree to these Terms, Our Privacy Policy and any additional terms incorporated by reference into these Terms;

    1.1.2. be at least Eighteen (18) years old, with legal capacity to accept these Terms and enter into transactions with third parties; if You are a business or          corporate organization, be duly registered/incorporated entity in Nigeria;

    1.1.3. reside in Nigeria and have a Nigerian Bank Account;

    1.1.4. all information You shall provide to Us is true, accurate, current and complete including information submitted as part of the onboarding/know-your-    customer process;

    1.1.5. take steps to maintain and promptly update Your registration data to keep it true, accurate, current and complete;

    1.1.6. not Use the Service for any purpose and in any way that is illegal, contrary to Applicable Law or prohibited by these Terms or any terms incorporated by     reference; and

    1.1.7. have obtained all licenses, permissions, agreements, and other consents required to carry on Your business or to be bound by these Terms.

1.2. If You are a parent or guardian and become aware that Your child or ward has provided Us with any information without Your consent, please contact Us immediately at [email protected].

1.3. Paystack will also require You to complete additional know-your-customer verifications before You may complete the registration of an Account.

1.4. Subject to Clause 7, Paystack has the right to disable any Account and or password at any time, if in Paystack’s reasonable discretion, You have failed to comply with any of the provisions of these Terms, any terms incorporated by reference into this Agreement, or any Applicable Law.

1.5. You are responsible for maintaining adequate security of Your Account login credentials and If You know or suspect that any unauthorised person has access to Your Account login details, You should immediately notify Us at [email protected].

2. The Service

2.1. The Zap App is a peer-to-peer payment application designed to simplify transfers and enables Users to receive and send money from any Bank Account, Payment Cards or mobile money wallet in Nigeria. A User may access any of the following activities via the App (Including such features as may be incorporated from time to time):

    2.1.1.    Link Payment Card(s): Users can link their Payment Cards for ease of transfer of funds for purchase of goods and services via the App and to     transfer  to third parties via the App.

    2.1.2     Link Bank Account(s): Users can link their third-party bank accounts to transfer funds via the App.

    2.1.3     Peer to Peer Transfers Services (“P2P” Services): Users can send and receive money from individuals and businesses. As a User initiating a transfer of funds, the P2P Services enables You to send funds to a recipient by selecting the recipient and the amount You wish to transfer (a “Payment Instruction”).

3. Account Registration

3.1. In order to Use the Service, You will need to register an account (“Account”) on the Application by providing Paystack with certain information, including but not limited to Your name, email address, phone number, Bank Verification Number. (“BVN”) or National Identity Number (“NIN”), credentials for Your Bank Account & Payment Cards, and such other information as we may request from time to time (collectively, “User Information”). You may also choose a unique Username which will be Your account ID.

3.2. You represent and warrant that You own the email address or mobile phone number You register with, and all information entered or collected in the course of creating Your account and any information You subsequently add or update from Your settings is true, accurate, current and complete, and You agree not to misrepresent Your identity or Your User Information.

3.3. If You are a business or corporate entity, You represent that the individual who opens an account on Your behalf is fully and legally authorized to do so on Your behalf.

3.4. You will need a mobile phone (iOS or android enabled) and internet connection to Use the App.

3.5. Upon registration, You will have a profile with other User Information. You agree not to Use the profile feature to intentionally or unintentionally mislead or defraud or to directly or indirectly engage in fraudulent, illegal and or unauthorised activities. Also, You shall not upload or authorise any information on Your profile on the App that will amount to illegal, obscene, indecent, defamatory, libellous, deceptive, misleading, or otherwise objectionable information or content.

3.6. In order to provide the Services to You and to comply with Applicable Law, You authorize Us to obtain, verify, and record information directly or indirectly (through a third-party) that helps Us verify Your identity and other information You provide. Upon registration on the App, and periodically as needed, We may request and/or require You to confirm and provide information and documentation to identify You, such as:

    3.6.1. a copy of Your valid means of identification, such as a passport, driver's licence, or certificate of incorporation/registration; in the case of a business or     corporate organisation;

    3.6.2. a copy of a utility bill, or other bill, dated within three (3) months preceding our request, with Your Nigerian address on it; and

    3.6.3. such other information and documentation that We may require from time to time.

3.7. By Using the App and providing User Information to Us, You authorize Us to obtain, directly or indirectly (through our third-party service providers) and without any time limit or fee, information about You from other third-party websites and databases as necessary to provide the Services. For this purpose, You grant Us and Our third-party service providers a limited power of attorney, appointing Us and our third-party service providers as Your true and lawful attorney-in-fact and agent, with the full power of substitution, to access third-party websites, servers, and documents; retrieve information; and Use Your User Information as described above, with full power and authority to perform all necessary actions as fully as You could do in person.

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

3.9. You acknowledge and agree that when We or Our third-party service providers access and retrieve information from such third-party websites, We and our third-party service providers are acting as Your agent, and not the agent of the third party. You agree that other third parties shall be entitled to rely on the foregoing authorisation and power of attorney granted by You.

3.10. We are not obliged to review information obtained from third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Us and Our third-party service providers, We own Your confidential User Information.

3.11. By accepting these Terms, each time You initiate a transfer to a recipient via the transfer Services, You authorize Us and the applicable bank or financial institution to debit the specified amount along with applicable charges from Your wallet, Bank Account, and Payment Card(s).

3.12. Your Use of the Services means that You authorise Us to take all actions required for Your access to and/or our provision of the transfer Services. You agree not to attempt to circumvent any restrictions to the Services imposed by any regulatory authority, or any Applicable Law by Us.

3.13. By linking Your Payment Card(s) on the App, You consent to Us saving Your Payment Card Details on the App. By doing so, We will have the right to collect and store Your relevant Personal Data, such as Your name, email address, phone number, address and Payment Card details Card Verification Value (CVV) for the purpose of enabling seamless user experience when making payments via the App.

3.14. Granting permission to any third party to access your Zap account in any way does not relieve you of any of your responsibilities under this agreement. You are liable to us for the actions that you authorize the third parties to carry out. You will not hold us responsible for, and you will indemnify us from, any liability arising from the actions or inactions of such third parties in connection with the permissions you granted, subject to your mandatory legal rights.

3.15. By linking Your Payment Card details, You authorise Us at Your request to debit the Bank Account linked to the Payment Card for subsequent transactions without requesting for the Payment Card details.

3.16. By linking Your third-party Bank Accounts to the App, You authorise Us and the requisite Bank to debit such account(s) linked to the App at Your request without further verification from You.

3.17. Paystack may at its discretion impose limits on the number of cards and accounts You can link to the App.

3.18. We may also refuse to make a payment, or reject an incoming one if We suspect

• it breaches Our legal or regulatory obligations

• it's outside Our risk appetite

• we suspect You're a victim of fraud

• Your instructions are unclear

• we suspect criminal activity on Your account

• it goes over any payment limit implemented by You, Us or required under Applicable Law.

4. Linked or Unlink a Payment Cards and Bank Accounts (‘Payment Method’)

4.1. You can link or unlink a credit card, debit card or a bank account to your Zap account as a payment method. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your Zap account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner.

4.2. We do not guarantee that a Payment Card will be accepted by any merchant. Any transaction request that We or the Issuing Bank believe may violate these Terms or any Applicable Law may be declined.

4.3. You agree to adhere to all Applicable Laws and Payment Scheme guidelines related to Your Use of the Payment Cards. Transaction limits generally apply to the Payment Cards, and You agree not to take any actions, either directly or indirectly, to bypass these transaction limits.

4.4. You are responsible for all transactions initiated and fees and charges incurred by the Use of Your payment method . If You permit another person to have access to information relating to Your Payment Card, it will be deemed that You have authorised such Use and You will be liable for all transactions and fees and charges incurred by those persons relating to Use of the Payment Cards.

4.5. We may charge a fee to make use of the Zap Services subject to the fees applicable to such transaction that can be found on the Fees page. The applicable fees will be disclosed to you each time you initiate a transaction.

4.6. Nothing in these terms grant You the right to stop payment on any purchase or payment Transaction performed with a Payment Card. The decision to stop such payments lies solely with the Issuing Bank, regulatory authority, and/or Us. You will have no claim against Us in this regard.

5. Prohibited Uses

You shall not Use the App to engage in any Prohibited Uses. The activities listed below are representative, but not exhaustive. If You are not clear on whether or not Your use of the App involves a Prohibited Use, please contact Us at [email protected]. .By accepting these Terms, You confirm that You shall not Use Your Account for any of the following:

5.1. any activity which violates, or assists in the violation of any law, statute, regulation, or sanctions in Nigeria.

5.2. any activity which defrauds Paystack, or other Users of this App, any Users of any third-party applications or payment services, or provides any false, inaccurate or misleading information to Paystack.

5.3. Payments related to cryptocurrency; this includes transactions including non-fungible tokens (NFTs) unless to the extent permitted under Applicable Law.

6. Data Security, Privacy & Privacy

6.1. Data security measures will be taken to safeguard Your Personal Data including User Information. We will process Your Personal Data in accordance with applicable Data Protection Law, including the Nigeria Data Protection Act (NDPA) 2023, the Nigeria Data Protection Regulation (NDPR) 2019, and the NDPR Implementation Framework.

6.2. Zap’s Paystack’s Privacy Policy, which can be accessed at www.paystack.com/zap-terms#privacy, provides additional information regarding our processing activities. Our Privacy Policy substantially sets out the terms upon which Paystack will process Personal Data collected from You in connection with providing the Service. Our Privacy Policy also sets out the relevant categories of personal data and other data ZapPaystack collects, how it is used, processed, disclosed, and retained, as well as how Data Subjects can exercise their rights.

6.3. You agree not to permit any other individual or entity to utilize Your User Information or mobile device to access the App. You are solely responsible for maintaining the confidentiality and security of Your Username, password, and other User Information. With the exception of any obligations imposed by Applicable Law , You are accountable for all transactions and activities carried out Using Your Username, password, or mobile device, regardless of whether they are authorized by You. Save for what is explicitly specified in these Terms or mandated by Applicable Law, We do not accept responsibility for any losses resulting from the loss or theft of Your User Information or mobile device, or from unauthorized or fraudulent transactions associated with Your Bank Account and Payment Cards.

6.4. Please be aware that we will never request Your card details, complete PIN, OTP/token codes, passwords, BVN, or any sensitive financial information through phone calls, text messages, WhatsApp, or emails. If You suspect or detect any unauthorized access or activity related to Your Username, password, or mobile device, You must promptly notify Us at [email protected].

6.5. Each Party, You and Paystack (on behalf of Zap) Paystack (respectively the “Receiving Party”) will take all reasonable precautions to protect Confidential Information of the other party (respectively the “Disclosing Party”), including all precautions the Receiving Party employs with respect to its confidential materials of a similar nature. The Receiving Party will not disclose the Disclosing Party’s Confidential Information to any third party without the Disclosing Party’s prior written permission, except permission will not be required when the disclosure is: (a) to the Receiving Party’s Affiliates; and (b) where Paystack is the Receiving Party, to Payment Method Acquirers and Payment Method Providers, and their respective affiliates, and to Paystack third party service providers. In all cases, the Receiving Party must ensure that the third-party recipients do not use or disclose the Confidential Information other than in accordance with this Agreement. The Receiving Party may also disclose the Disclosing Party’s Confidential Information to the extent required by Law or court order, as long as the Receiving Party uses reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and has, to the extent reasonably possible, allowed the Disclosing Party to participate in the proceeding.

7. Content & Intellectual Property

7.1. If You upload any Content onto the App whether it be text, video recordings, e-books, audio files, pictures, or any other form – such Content must comply with the following rules:

    7.1.1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

    7.1.2. it must not harass or bully another person;

    7.1.3. it must be true and honest;

    7.1.4. it must not be defamatory;

    7.1.5. it must not be unlawful;

    7.1.6. it must not use the material or content or infringe the rights or privacy of anyone else;

    7.1.7. it must not contain someone else’s personal details or confidential information relating to other people;

    7.1.8. it must not promote or condone terrorism, violence or illegal behaviour; and

    7.1.9. it must not otherwise bring, or be likely to bring, Paystack or its service partners into disrepute.

7.2. Paystack does not control any third-party content, sites, or applications, and We are not responsible or liable for the availability, accuracy, completeness, or reliability of third-party content or for damages, losses, failures, or problems caused by, related to, or arising from such third-party content or the products or practices of third parties.

7.3. Paystack and its licensors (where applicable) own all rights to the Application and the Services. You may not modify, reverse engineer, create derivative works from, or disassemble any part or register, attempt to register, or claim ownership in the App or portions of the App or Service.

7.4. Paystack shall retain ownership of all Intellectual Property rights in the App, all associated materials, and the “Paystack” name and mark. You and Your licensors shall retain ownership of all Intellectual Property Rights in Your Content.

7.5. By these Terms, Paystack grants You a fully paid-up, worldwide, non-exclusive, non-transferable, royalty-free, revocable licence to use the Service, provided that You comply with these Terms and any Applicable Law.

7.6. You hereby grant Paystack, to the greatest extent permissible by Applicable Law, a perpetual, irrevocable, sub-licensable, worldwide, royalty-free transferable access to use the Content for the purposes of providing the Service and for the purposes of advertising and promoting the Service in any and all media.

7.7. Should You provide Us with any recommendations, suggestions, comments or other feedback relating to the Application or the Service (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Paystack. In addition, You (1) represent and warrant that such feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Us any right, title and interest You may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

8. SUSPENSION, RESTRICTION AND TERMINATION

Termination by a User

8.1. You may terminate these Terms by withdrawing Your funds from the App and deleting Your account on the App. However, if Your Account is in dispute or under investigation of any kind or in the event You owe any fees, You will not be able to make a cancellation until such dispute/fees owed have been resolved. If we are unable or do not wish in our sole discretion to set-off any amount You owe Us, You will immediately pay Us, upon demand, such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.

Restriction, Suspension, and Termination by Paystack

8.2. Paystack may terminate these Terms by closing and permanently disabling Your Account.

8.3. If You breach any of these Terms or We reasonably suspect that You have breached these Terms, Paystack may (subject to any limits under Applicable Law), immediately do any or all of the following:

    8.3.1. issue a warning to You;

    8.3.2. temporarily or permanently remove any Content;

    8.3.3. temporarily or permanently restrict or suspend Your right to use the Service;

    8.3.4. block computers Using Your IP address from accessing Our Services;

    8.3.5. contact any or all of Your internet service providers and request that they block Your access to Our Services;

    8.3.6. institute legal proceedings against You for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative     and legal costs);

    8.3.7. take further legal action against You; or

    8.3.8. disclose such information to law enforcement/regulatory authorities as Paystack reasonably feels is necessary to do so.

Consequences of Termination

8.4. On termination of these Terms for any reason:

    8.4.1. Your Account will be deleted along with all data (Subject to any Applicable Law which mandates the retention of such data);

    8.4.2. Your access to the Service will be revoked; and

    8.4.3. the licence granted in Clause 7.5 will cease.

8.5. On termination of Your Account by Us, You will be prohibited from creating any further Account(s).

8.6. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

9. DISCLAIMER

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

THE APP 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 THE APP AND THE SERVICE 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 THE APP 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.

10. LIMITATIONS OF LIABILITY

IN NO EVENT WILL PAYSTACK OR ITS AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR THE ACTUAL AMOUNT OF DIRECT DAMAGES, WHICHEVER IS LESSER (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 OPERATED BY US OR ON OUR BEHALF (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF PAYSTACK’S WEBSITES OR SERVICES OR THIS USER AGREEMENT) HOWEVER ARISING, INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY UNLESS AND TO THE EXTENT PROHIBITED BY LAW.

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’S PARTY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

11. Miscellaneous

11.1. Paystack reserves the right to alter and amend these Terms at any time, and to change, delete, discontinue, or impose conditions on the Use of the Service by posting such changes on our website. We may also provide You with notice via email, or through any other reasonable means. Please note that in such instance, Your continued use of the Service will constitute Your consent to the revised/updated Terms. If You do not agree with any such modifications or amendments, You may choose to delete Your account from the App.You may contact Paystack for any support regarding the Service Using the following details: 

Email address: [email protected].

11.2. At Our request, You agree to defend, indemnify, and hold Paystack harmless, together with its affiliates and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorney fees) arising from or in any way related to any third-party claims relating to Your Use of the Service, violation of these Terms, Applicable Law, any third-party rights, Your fraud, negligence or wilful misconduct. Such indemnified parties reserve the right to assume the exclusive defence and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defences.

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

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

11.5. You cannot assign or transfer Your rights, obligations, benefits under these Terms without our prior written permission. Paystack may at any time assign, transfer, charge, subcontract, novate, declare a trust over or deal in any other manner with any or all of its rights under these Terms to any of its Group/affiliate companies or a third party without Your permission. If We make an assignment, we will provide reasonable notice to You.

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

11.7. These Terms together with all documents incorporated by reference constitute the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Terms it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. Nothing in this claUse shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.

12. Anti-Bribery & Corruption Provisions

You represent and undertake to Paystack that:

    a. You will comply with Anti-Corruptions Laws;

    b You shall not undertake any act or engage (directly or in agreement with others or any third party) in any activities directly or indirectly with respect to any     matters, either in private or public dealings which would violate any Anti-Corruption Laws or be considered as being unethical, fraudulent, illegal or improper;

    c. You are not and will not be involved in any illegal or terrorist activities;

    d. none of Your bank accounts is being Used fraudulently, negligently, for illegal or terrorist activities or for any purpose that does not comply with any     Applicable Law; and

    e. You will not Use the Service or contribute or otherwise make available, directly or indirectly, the proceeds from the Service to any other person or entity if such party Uses or intends to Use such proceeds for the purpose of financing the activities of any person or entity which is subject to any sanctions list specified OFAC.

13. Dispute Resolution

We shall make an effort to settle all disputes amicably. Any dispute arising out of these Terms, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Mediation Act 2023. The arbitrator shall be appointed by both of Us, where both of Us are unable to agree on the choice of an arbitrator, the choice of arbitratior shall be referred to the LMDC. The findings of the arbitrator and attendant award shall be binding on both of Us. Each of Us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.

14. Definitions and interpretation

14.1. In these Terms, the following definitions apply:

“Applicable Law” means in respect of either party, all laws, statutes, regulations, directions, guidelines and codes of conduct of any governmental or other regulatory body of competent jurisdiction, and any orders of any court or other tribunal of competent jurisdiction within Nigeria, which are applicable to the performance by that party of its obligations or enjoyment of its rights under these Terms;

“Bank Account” means an account held by Users with third-party financial institutions licenced by the Central Bank of Nigeria to hold funds.

“Data Protection Law” means the NDPA and any applicable legislation and or regulation implementing or made pursuant to it, or which amends, replaces, re-enacts or consolidates any of them, and all other applicable laws relating to the processing of Personal Data and privacy that may exist in Nigeria, including, where applicable, the guidance and codes of practice issued by supervisory authorities.

“Data Subject” means an identifiable person; one who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

“Content” means features, information, materials, and content provided and depicted through the App or Service.

“Group” means in relation to either party, that party and any company which is from time to time a subsidiary or holding company of that party or a subsidiary of any such holding company (and the terms "subsidiary" and "holding company" shall have the meanings given to them by section 381 of the Companies and Allied Matters Act 2020 and "Group Company" shall be construed accordingly.

“Issuing Bank” means the bank that is a member of the Card Scheme indicated on Your Payment Card and that is responsible for issuing Payment to You.

“Intellectual Property” means all vested contingent and future intellectual property right including but not limited to copyright, patents, trademarks, service marks, design rights (whether registered or unregistered), know-how, trade secrets, inventions, get-up, database rights and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world whether now known or created in the future.

“Payment Card” means a credit card, debit card or similar card issued to a Cardholder by an issuer in accordance with a license granted by the respective Payment Schemes.

“Payment Scheme” means Visa, MasterCard and any other applicable Payment Scheme

“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; It can be anything from a name, address, a photo, an email address, bank details, posts on social networking websites, medical information, and other unique identifier such as but not limited to MAC address, IP address, IMEI number, IMSI number, SIM and others.

“Prohibited Uses” means any business activities prohibited by any Applicable law or which an organization is not licenced to undertake. This also includes any transaction involving business types and activities prohibited or restricted under Paystack’s Acceptable Use Policy (available at paystack.com/terms) and as may be updated from time to time.