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Terms of Service

 

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and KalletPay, a subsidiary of Kazzylen Ltd. (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://kallets.com and https://kalletpay.com website, including subdomains, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Nigeria with Registration No.: RC2015785 and have our registered office at Gede, Back of Rahina UND Street, Abuja. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

These terms and conditions, along with the Privacy Policy and any other terms and conditions that apply to our services, form a legal agreement (the “Agreement” or the “Terms”) between you, the account holder, and us, KalletPay, whose description extends to Kazzylen Ltd and the respective subsidiaries.

You need to understand how your account works. You can request a copy of these terms and conditions through the KalletPay website at any time, also accessible at https://kalletpay.com.

These General Terms govern your use of KalletPay’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the ‘Services’), whether such Services are offered by KalletPay, Kazzylen Ltd, or a subsidiary or an affiliate of either such company (each, a ‘Kazzylen Ltd Company’). Effective upon your clicking “Accept” or your use of any of the Services, you accept and agree to these General Terms and any policies referenced within (‘Policies’), including terms that limit KalletPay’s liability and require arbitration for any potential legal dispute. You also agree to any additional terms specific to the Services you use (the ‘Additional Terms’).

If you’d like more information, you might find it helpful to read our FAQs, but these FAQs don’t form part of our agreement with you.

The main way we provide our services is through the KalletPay website and mobile app. However, we provide our services in other ways too, such as through web pages, other apps, APIs, and other means. These terms apply whenever and however you access our services. This means they apply to all the ways you can access a particular service, even if we refer to the service being accessed through specific means in these terms. For example, when we talk about KalletPay card payments or the KalletPay payment gateway, we mean payments using a virtual card created using the KalletPay Account and payment using the KalletPay Merchant Account.

Do not use the Service if you do not agree to be bound by these terms. By using the Service, you are agreeing to the terms of this Agreement.

As used throughout this Agreement, the terms “company,” “we,” “us,” and “our” refer to KalletPay, a company name Kazzylen Ltd, which is registered in Nigeria, together with its subsidiaries, employees, directors, successors, and assignees. The terms “you” and “your” refer to users of the Service, whether as Senders or Recipients.

 

The Service

Your account is a ‘virtual’ account that holds your e-money. It may hold e-money in different currencies at the same time, referred to as the KalletPay Merchant Account.

E-money is an electronic alternative to cash. If you or someone else gives us money in one currency, we’ll issue an equivalent value of e-money in that currency. We’ll store the e-money in your account, and other people will accept it as payment. In these terms, we use ‘money’ to refer to e-money.

Using the Service

Once you have e-money in your account, you’ll be able to use our services. For example, you can:

  • Receive money from other KalletPay accounts and non-KalletPay accounts.
  • We recommend you use the Service to receive money from P2C and B2B transactions. Therefore, you should not use the Service to receive money from strangers or engage in any illegal activities. The Service allows users to receive international money transfers from various countries served by KalletPay.
  • A “Recipient” receives money through the Service.
  • A “Transaction” refers to an order to receive money through the Service. The “Transaction Amount” is the amount in the receiving currency that the customer provides to KalletPay during payment or purchase for transmittal to the Recipient. The “Payout Amount” is the amount paid out to the Recipient (Merchant).
  • Change money from one currency to another (we call this a “currency exchange”). The currencies available might change occasionally.
  • Make payments using your KalletPay (Merchant Account) and Merchant Payment API.
  • Withdraw the money by sending it to your mobile money or bank account.
  • View information about and manage your account.

In any way that would enable or encourage the illegal evasion of any relevant taxes, levies, or charges. In a way that might lead to KalletPay, other customers, third parties, or yourself receiving complaints, disputes, reversals, chargebacks, or other responsibilities (directly or indirectly). Please double-check the website or online platform you plan to use KalletPay’s. We would not be held accountable, and we do not process chargebacks or disputes if doing so is likely to put KalletPay, other customers of KalletPay, other parties, or oneself in danger of complaints, disputes, reversals, chargebacks, or other liabilities (directly or indirectly). Please take notice. For an unauthorized reason (that is if you are approved to use our Services for certain business purposes, then you must not use our Services for illegal purposes or any other unapproved business purposes).

We add new features and services all the time. We’ll let you know about these through the KalletPay website.

 

Eligibility of Service

Age and capacity:

You must be at least eighteen (18) years old to create an account, access, or use the Service as a Merchant. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.

When you ask us to open an account, we or someone acting for us will ask for information about you and where the money you will put in your account comes from. We do this for several reasons, including checking your credit score and identity and meeting our legal and regulatory requirements. Our Privacy Policy explains more about how we use your information for these and other purposes. When we have the information we need, we will open your account.

Others:

You may not submit or receive a Transaction on behalf of any other person.

Offer and acceptance:

When you download our app and enter the necessary information, you present an offer to be bound by these terms.

Please note: You cannot open more than one KalletPay Merchant account for the same business name;

  • Use a KalletPay merchant account for personal purposes; or
  • Open a new KalletPay account if we’ve previously closed your KalletPay merchant account. (If it is established that you opened another account without our approval, please note that we can block and freeze this account pending our regulators’ approval and confirmation) If you want to use a KalletPay account for personal purposes, you will need to apply for a personal account under our Terms.

Keep us in the loop:

Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect, we will update it.

To meet our legal and regulatory requirements, we might sometimes need to ask for more information about you (for example, if your payment increases). Please provide this information quickly so that there is no disruption to your account or our services.

Multiple Accounts:

Merchants may only have one active account for one business name. If we determine that a Merchant is using multiple accounts for one business name, we reserve the right to merge or terminate one or more of the accounts, limit the Merchant’s use of the Service, or refuse their continued use of the Service.

Paying for the Service

Charges: With each customer Transaction you submit, you are agreeing to pay us a service fee (“Service Fee”), in addition to the Transaction Amount. Payment is due at the time the transaction is submitted for processing. If you submit a transaction that results in us being charged chargeback fees or other similar costs, you agree to reimburse KalletPay for all such fees.

Payment: For us to process your transaction, you authorize us to charge any of the payment instruments included in your customer payment profile (“Payment Instrument” includes any credit card, debit card, mobile money wallet, KalletPay wallet, or bank account). If your customer payment fails, you authorize us to retry one or more times using the same Payment Instrument. You warrant that the customer is an authorized and lawful user of the Payment Instrument(s).

Other charges: We are not responsible for fees that may be imposed by financial institutions associated with your customer Payment Instruments. For example, some credit card issuers may treat the use of your credit card to use the Service as a “cash advance” and may impose additional fees and interest costs for the transaction. KalletPay is not responsible for any chargeback fees or other similar charges that might be imposed on your customers by their bank, credit card issuer, or other provider.

 

Receiving a Payment

Service providers: We work with local banks, mobile telecommunication companies, and other third-party outlets (each, a “Service Provider”) to make funds available to Merchants. As a Receiver, you are appointing your customer as your agent to pay funds transmitted through the Service. We try to provide current information on our website about the location, availability, and hours of our Service Providers. However, we are not responsible for any inaccurate or incomplete information indicated by you while processing a transaction.

Verification: We always require your customers to provide details to authenticate any transaction from their accounts, cards, or wallets as a measure of ensuring that every transaction initiated by your customers is only initiated or authorized by them.

Important Service Restrictions

General: We may refuse any Transaction or limit the amount to be transferred, either on a per-transaction or aggregated basis. These limits may be imposed on Merchant accounts or linked accounts. We reserve the right at any time to modify or discontinue all or any part of the Service.

Delays: Your Transaction may be delayed by our effort to verify the identity and validate the Payment Instruments and otherwise comply with laws or manage our financial risk. Your customer may be entitled to a refund in certain circumstances, and they may cancel their transaction at any time while it is pending. We work with third parties (our partners) to make some of the services accessible and available to your customers. At times, they might experience delays that may result from our partners’ services. We provide the status of the transaction and do our best to inform you of the reason for the delays.

Commercial transactions: You should only use the Service to receive money from your customers. We are not responsible for the quality or delivery of goods or services that you provide to your customers using the Service. You accept that using the Service to receive payment for goods and services is at your own risk.

Unauthorized transactions: You may not use the Service in violation of this Agreement or applicable laws, rules, or regulations. For example, you cannot use your KalletPay merchant account:

  • In a way that we reasonably believe might harm our ability to provide our services.
  • Only to receive payment from a credit card account.
  • To control or use a KalletPay account that’s not yours.
  • To create KalletPay merchant accounts for any other person other than yourself.
  • To allow anyone else to have access to or use your account or the KalletPay app.
  • To abuse, exploit, or get around any usage restrictions set by a service provider or your KalletPay merchant account. For example, you must only use one KalletPay merchant account for any particular service provider that offers a free subscription or trial period.
  • To trade in foreign currencies for speculative purposes or to take advantage of discrepancies in the foreign exchange market.

Please act respectfully towards us and our support staff – we’re here to help you.

It is a violation of this Agreement to use the Service for any of the following: sexually-oriented materials or services, gambling activities, cryptocurrency, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, tobacco-related paraphernalia, firearms, prescription drugs, or other controlled substances; or to send and receive money to a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, KalletPay will report you to law enforcement.

Ineligibility: We may refuse Transactions from certain customers included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists issued by different government agencies.

No changes: We generally do not allow you to change the details of your Transaction once it’s submitted to us for processing. It is your responsibility to ensure your Transaction details are accurate.

Restricted activities: In connection with your use of our website or the Service, or in the course of your interactions with KalletPay, a user, or a third party, you will not:

  • Breach this Agreement or any other agreement between you and KalletPay.
  • Provide false, inaccurate, or misleading information.
  • Refuse to cooperate in an investigation or provide confirmation of your identity.
  • Use an anonymizing proxy.
  • Provide yourself a cash advance from your credit card or help others to do so.
  • Use any automatic device or manual process to monitor or copy our website.

 

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a merchant of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site. Disparage, tarnish, or otherwise harm us and/or the Site. Use any information obtained from the Site to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site. Engage in any automated use of the system or use any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site. Copy or adapt the Site’s software. Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site. Use any automated system to access the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails, or create user accounts by automated means or under pretenses. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer your profile. Fraudulent Activities

In addition, KalletPay is required to comply with all extant laws in Nigeria, including the rules, regulations, guidelines, circulars, and letters issued by the CBN and other regulatory bodies from time to time. In compliance with the applicable laws. You, therefore, confirm that you will not use your KalletPay account to deal in, trade, transact, or receive any payments relating to fraud.

 

How and Why We Collect Personal Information

To provide services under the agreement, we need to collect information about you. Under data protection law, we are what is known as the ‘data controller’ of your personal information. For more information about how we use your personal information, see our Privacy Policy.

By agreeing, you are giving us permission to gather, process, and store your personal information to provide our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.

As we provide an international service, we may need to store or transfer your data outside your country to provide the services. We will restrict the jurisdiction receiving the data to those that have been recognized to have adequate data protection measures.

We take all reasonable steps to ensure that your data is handled securely in line with data protection laws.

You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information to provide our services, but we may need to keep your information for other legal reasons.

Privacy Policy: By agreeing to this Agreement, you acknowledge and consent to KalletPay’s Privacy Policy.

Customer Identification Program: The law requires we obtain, verify, and record information about you. We may require that you provide us with non-public, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit this website.

Government Disclosures: We may provide information about you and your Transactions to government authorities and law enforcement agencies, as described in our Privacy Policy.

Verifying Information: You authorize us to make any inquiries, to you or to others, which are necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third-party databases, or through other sources.

Error Resolution, Cancellation, and Refunds

Error Resolution: Let us know at any time if you have any problems with the Service. You can contact us using the contact information at the bottom of this Agreement for more information about error resolution.

Cancellation: You can cancel your transaction at any time before its completion.

If, however, you are not satisfied with our service for any reason, we will always refund the fee amount but not the charges. All refunds will be credited to the same Payment Instrument used to pay for the Transaction.

Refunds: You can ask us to refund an amount paid to your account if all of the following apply:

  • You agreed that a payment could be taken but didn’t agree to the actual amount of the payment.
  • The amount taken is more than you reasonably expected in all circumstances (including your charges pattern).
  • You didn’t authorize the customer payment directly from your store.
  • We and the person you received did not give you any information about the payment during the four weeks before it was taken.
  • You ask us for a refund within eight weeks of the payment being made to your account.

We may ask you for more information to investigate the matter. We’ll provide a refund or tell you why we couldn’t provide one within 14 business days from the date you gave us the information we asked for.

 

Duration and Timeframe for Payments

We understand that when you receive a payment, one of the most important things is that the payment is received on time. When your account will receive the money depends on the processing conditions of that particular jurisdiction and the currency you want us to make it in.

All our payments for KalletPay-to-KalletPay (wallets) are instant. Bank transfers, and where there are any delays, the reason for the delay is always indicated in the transaction status, such as credit and debit cards which may take up to 7 days. We may hold the transaction for compliance checks as required by law from time to time, and whenever this happens, we indicate it under the transaction status.

Refusal or Delayed Payments: We are mandated to refuse to make a payment or delay a payment (including inbound and outbound payments) in the following circumstances:

  • If legal or regulatory requirements prevent us from making or receiving the payment or mean that we need to carry out further checks.
  • If you have acted in breach of these terms and conditions in a way that we reasonably believe justifies us refusing or delaying your payment.
  • If we believe that processing your instruction shall be in breach of these terms and conditions or that your instruction doesn’t contain all the information we need to make the payment properly.
  • If the amount is over or would take you over, any limit that applies to your account. We’ve set out the limits under the Profile button on the KalletPay website or App. Please check the account limits that apply to you as these are set on a jurisdictional basis by our regulators.
  • If there is not enough money available in your customer account to make the payment and cover any charge.
  • If a bankruptcy order is made against you or you’ve entered into an individual voluntary arrangement with your creditors.
  • If, even after doing everything reasonably possible, we won’t be able to make or receive the payment on time.
  • If a third party prevents us from making or receiving the payment (for example, if your bank or payment processor does not allow a payment or cash withdrawal using your KalletPay (merchant) account).
  • If you owe us money or we intend to exercise our right of set-off (as explained below).
  • If we have asked you for important information we reasonably need and you have not given us that information.
  • If we have suspended your account.

We may also refuse to issue a new KalletPay Merchant account.

When we refuse to make or receive a payment, we’ll always try to let you know.

If we can, we’ll use the KalletPay website, app, or email to inform you that we have refused to make or receive a payment. If you’d like to find out why we refused the payment, and what you can do to solve any problem, please contact us through support or open a new ticket.

We won’t be responsible for any losses you suffer as a result of us refusing or delaying a payment.

 

Unauthorized Transactions/Payments

If you think someone has stolen from your account, let us know as soon as possible through the KalletPay website, app, or email (and no later than 12 months after the money was taken). We’ll pay the money back into your account if:

  • The payment happened because we are responsible for or made a mistake.
  • The payment was taken after you told us that someone knew your security details were compromised, or we didn’t give you a way to tell us about this.
  • The law required us to make you follow certain prompts when you instructed us to make the payment and we didn’t do this.

We won’t refund any money if you’ve acted fraudulently, or you intentionally or carelessly failed to keep your security details safe (unless you told us about this before the payment was taken from your account). For example, we won’t refund you if you give someone your PIN, OTP, or login details, and they make a withdrawal using your account without you knowing about it.

 

Restricting Your Account

The safety of your money is important to us. We might prevent you from making or receiving payments from your account or using your KalletPay Payment API if we’re reasonably concerned about its security or if it might be used fraudulently or without your permission.

We might also have to block your account to meet our legal obligations.

We’ll inform you through the KalletPay website, app, or email before or as soon as possible after we block your KalletPay account. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful).

Suspending and Closing Your Account:

We may close or suspend your account immediately and end your access to our app and website in exceptional circumstances. Exceptional circumstances include the following:

  • If we have good reason to suspect that you are behaving fraudulently.
  • If you haven’t provided us (or someone acting on our behalf) with any necessary information, or we have good reason to believe that the information you provided is incorrect or untrue.
  • If you have seriously or persistently breached these terms and conditions and haven’t rectified the matter within a reasonable time of our request.
  • If we have reason to believe that your use of the KalletPay website and app is harmful to us, our software, systems, or hardware.
  • If we have reason to believe that your continued use of your account could damage our reputation or goodwill.
  • If we have asked you to repay money you owe us or a customer, and you have not done so within a reasonable period.
  • If you’ve been declared bankrupt.
  • If we are required to do so under any law, regulation, court order, or ombudsman’s instructions.

We may also decide to close or suspend your account for other reasons. We would contact you through the KalletPay app, website, or via email at least one month before doing so.

Closing your account and ending the agreement may also terminate any other agreements you have with us or through us. You can get more information through the KalletPay app or by contacting us.

 

Service Interruptions

We do as much as reasonably possible to ensure that our services are not interrupted and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. We’ll always do our best to solve any problems with our services, regardless of the cause.

If you have a KalletPay bank account, we will inform you about any changes to our system that will affect your ability to use the account. If necessary to migrate your KalletPay bank account, we shall inform you first, and where not possible, the money in your KalletPay bank account shall be transferred to your corresponding bank account.

We will not be responsible for losses resulting from our failure to meet our obligations for payments into and out of your account due to:

  • Legal or regulatory requirements.
  • Unforeseeable events outside our control were unavoidable at the time.

If you can’t use your KalletPay bank account for any reason, we will only be responsible to you for replacing the bank account details.

We will only be responsible for foreseeable losses. If we breach this agreement, we are only responsible for reasonably foreseeable losses at the time we entered into this agreement with you.

Nothing in these terms and conditions removes or limits our liability for death or personal injury resulting from our negligence or fraud or fraudulent claims and statements.

 

Negative Balances

You cannot borrow money from your account (for example, make payments of more than the value of the money in it), although you may be able to benefit from one of our credit products. If your balance becomes negative (for example, because you do not have enough e-money to cover fees you owe us), you must top up your account immediately.

If you owe us money, we can deduct the amount you owe us from any amount we are due to pay you. We call this our right of set-off.

 

Fees:

If you owe us fees (other than third-party fees for making or receiving a payment) or any other amount, we’ll deduct the amount you owe us from your merchant account, in the currency used to charge.

If there is not enough money in your account held in that currency balance, we’ll deduct the equivalent value from the money you hold in another currency balance that you own. If you don’t have enough money in your account to pay the fees or other amounts you owe us, we might recover the amount in another way, as explained below.

You may be responsible for paying taxes or costs that apply to payments you make or receive through your account, and we are not responsible for collecting from you.

If you owe us money and you don’t top up your account or repay us within seven days, we can recover the amount by:

  • Deduct the amount you owe us from your stored card if you are using the wallet.
  • Exercising our right of set-off.
  • Taking other legal steps to recover the money you owe us, such as instructing lawyers or debt collectors.

If we take any (or all) of these steps, we might charge you our reasonable costs.

Please note that we can charge your account in any event that you received money mistakenly sent, and the initiator of the transaction has since requested us to reverse the transaction.

 

Third-Party Services

You may be offered services, products, and promotions provided by third parties rather than by KalletPay – Kazzylen Ltd Company (‘Third-Party Services’). If you decide to use Third-Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. Neither KalletPay nor Kazzylen Ltd is responsible for the performance of any Third-Party Services. The Services may contain links to third-party websites. The inclusion of any website link does not imply approval, endorsement, or recommendation by any KalletPay – Kazzylen Ltd Company. Such third-party websites are not governed by these Terms. If you access any such website, it’s at your own risk. KalletPay expressly disclaims any liability for these websites. When you use a link to go from the KalletPay Services to a third-party website, KalletPay’s Privacy Policy is no longer in effect. Your browsing and interaction on a third-party website, including those linked in the Services, is subject to that website’s terms, rules, and policies.

 

Complaints

If you’re unhappy with our service, we’ll try to put things right.

We always do our best, but we realize that things sometimes go wrong. If you have a complaint, please refer to our Support.

 

KalletPay’s Intellectual Property

You acknowledge that the Service, including the content of this website, text, graphics, logos, and images, as well as all other KalletPay copyrights, trademarks, logos, and product and service names, are exclusively owned by Kazzylen Ltd. (the “Kazzylen Ltd Intellectual Property”). You agree not to display, use, copy, or modify the KalletPay – Kazzylen Ltd Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper, or other automated device to access the Service; (ii) remove or alter any author, trademark, or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe KalletPay’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.

OR

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Nigeria, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

Disclaimer of Warranties

We make reasonable efforts to ensure that Transactions are processed promptly, but we make no representations or warranties regarding the time needed to complete processing because the Service is dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

Indemnity

You agree to indemnify and hold KalletPay, Kazzylen Ltd, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

 

Limitation of Liability

KalletPay provides the Services to you following these terms. For the avoidance of doubt, KalletPay shall have no liability to you regarding the performance or non-performance of any obligations of KalletPay under these Terms and shall have no liability to you regarding the Services or the performance or non-performance of any obligations of KalletPay under these Terms.

Neither you nor KalletPay’s liability: (a) for death or personal injury caused by its negligence; (b) for fraudulent misrepresentation or any other fraudulent act or omission; (c) for breach of any statutorily implied term as to title to goods supplied; (e) for any other liability which may not lawfully be excluded or limited including under “Other Country” Payment Services Regulations, is excluded or limited by these Terms, even if any other term of these Terms would otherwise suggest that this might be the case.

No KalletPay Entity will be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any: (a) loss of profit; (b) loss of sales, turnover, revenue, or business; (c) loss of customers or contracts; (d) loss of or damage to reputation or goodwill; (e) loss of opportunity; (f) loss of anticipated savings; (g) loss of any software or data; (h) loss of use of hardware, software, or data; (i) loss or waste of management or other staff time; or (j) indirect, consequential, or special loss, arising out of or relating to these Terms, whether or not such loss was foreseeable or if the Party which would otherwise be liable for such loss was advised of its possibility (and, for this Clause, the term ‘loss’ includes a partial loss or reduction in value as well as a complete or total loss).

No KalletPay Entity will be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage, expense, or liability incurred or sustained as a result of: (a) the use of any Service except for its normal intended purpose; (b) any adaptation or modification of any Service or integration or combination with any other product or material not supplied by any Kazzylen Ltd Company, in each case carried out by anyone other than any Kazzylen Ltd Company or without its express written consent; (c) the compliance by any Kazzylen Ltd Company with any design, specification, or instructions provided by you on your behalf; and/or (d) any Merchant Content or Third-Party Services.

No KalletPay, Kazzylen Ltd entity shall be liable where money is received or sent to any account and withdrawn. We provide our platform for remittances and payment processing and as such, we have added features that only people in your contacts appear as beneficiaries upon adding them. To be able to send money to anyone on our platform, we require you to add them as a beneficiary/recipient. This, in turn, restricts having strangers in your beneficiaries/recipients list where people you send money to are chosen and minimizes any chances of money being sent to strangers. In addition, we prompt you to provide your PIN, OTP,  or password before sending money to a recipient/beneficiary to confirm that it is the intended recipient, should you go ahead and send money to any person upon this prompt, KalletPay shall not be liable in any way whatsoever, and nor shall it be obligated to reverse such a transaction.

Subject to the first, second, and third paragraphs of this Clause, any KalletPay Entity’s total liability arising out of or relating to these General Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty, or otherwise) will be limited, in respect of each event or series of connected events, to the greater of (a) the total of all amounts payable by you under these General Terms in the three months immediately preceding the event giving rise to such liability (or, in the case of a series of connected events, the first such event).

 

MOBILE APPLICATION LICENSE

Use License

Suppose you access the Site via a mobile application. In that case, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly following the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist-supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

 

Free Cash Voucher:

Eligibility: To be eligible for the free cash voucher promotion, users must sign up for a KalletPay account during the promotional period.

Lucky Draw Mechanics: A random selection process will be conducted at the end of the promotional period to select lucky winners. The number of winners and the amount of the cash prize will vary.

Cash Prize Range: Lucky winners will receive cash prizes ranging from NGN500 to NGN50,000. The specific amount awarded to each winner will be determined by the random selection process.

Qualifying Transactions: Users must complete transactions worth up to NGN500,000 and above within the promotional period using KalletPay to qualify for the free voucher.

Voucher Redemption: Upon meeting the eligibility criteria, users will receive Cash prizes that will be credited directly to the winners’ KalletPay accounts within 30 days of the draw. Winners can use the cash prize for transactions or withdraw the funds to their linked bank accounts.

Notification: Winners will be notified via email or dashboard notice board within 7 days of the lucky draw. They will also be announced on KalletPay’s official website and social media channels.

Expiry Date: Cash prizes must be claimed and redeemed within 90 days from the date of notification. Any unclaimed prizes will expire after this period.

Non-Transferable: The free voucher is non-transferable and cannot be exchanged for cash or any other form of compensation.

Additional Terms: KalletPay reserves the right to modify or terminate the promotion at any time without prior notice. The decision of KalletPay regarding the eligibility of users and the issuance of vouchers is final.

 

Dispute Resolution and Governing Law

Governing Law: This Agreement shall be governed by the laws of Nigeria.

Disputes with KalletPay: If a dispute arises between you and KalletPay, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and KalletPay regarding the Service may be reported online to Customer Service, by telephone via Tollfree call, or by email at [email protected].

 

Arbitration: You and KalletPay agree that binding arbitration will settle any claim. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution (ADR) provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions via email, with the specific manner chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding, and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You acknowledge and agree that you and KalletPay are each waiving the right to a trial or to participate as a plaintiff or class member in any purported class action or representative proceeding.

 

Costs and Fees: If your claim does not seek an award and fee of more than ₦100,000, KalletPay will pay the fees associated with the arbitration unless the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose. If you prevail in arbitration, you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. KalletPay will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration unless the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose.

 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration, shall be in Lagos, Nigeria. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Nigeria.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Communications

You acknowledge that this Agreement shall be entered into electronically and that the following categories of information (“Communications”) may be provided by electronic means: (i) this Agreement and any amendments, modifications, or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic, or other disclosures or notices provided in connection with the Service, including those required by law; (iv) any customer service communications, including communications concerning claims of error or unauthorized use of the Service; (v) any other communication related to the Service or KalletPay.

Communications may be provided to you through the use of auto dialed or prerecorded message calls or text messages at the telephone number(s) that you provide us with. We may contact you directly or we may share your phone number with service providers with whom we contract to provide such Communications. Standard telephone minute and text charges may apply.

The hardware and software requirements for access to and retention of the Communications associated with the Service include a personal computer or other device capable of accessing the Internet; an Internet Web Browser; and a printer or other device capable of printing and/or retaining agreements and documents.

You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. To withdraw your consent, you must contact us using our contact information provided at the end of this Agreement.

 

Miscellaneous

Entire Agreement: The Agreement constitutes the entire agreement between you and KalletPay and governs your use of the Service, superseding any prior agreements between you and KalletPay.

 

No Waiver: The failure of KalletPay to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. In case any part of the Agreement is deemed invalid by an arbitrator or court of competent jurisdiction, both parties agree that the arbitrator or court should try to enforce the intention of the Agreement as reflected in the provision, and the remaining provisions of the Agreement will still be in effect.

 

Force Majeure: We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.

 

Modification: We reserve the right to make changes to this Agreement at any time, and we may do so without notifying you, except as required by law. You can always review the latest version of the Agreement on this website. If you don’t agree with any changes or modifications, you may terminate your use of the Service. If you continue to use the Service after a modification or amendment becomes effective, you will be deemed to have accepted the changes. You agree that you are not authorized to modify this Agreement and acknowledge that any attempt to do so will be invalid.

 

Other Terms: This Agreement may be supplemented by terms applicable to other promotions, our Referral Program, and other terms applicable to you based upon your use of the Service. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to conflict with this Agreement, this Agreement shall control.

 

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

Security

Your security is very important to KalletPay, and we use a variety of security measures to ensure that your information is secure. We urge you to think carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately at [email protected]. If you receive any fake (phishing) emails purporting to be from KalletPay, please forward them to us at [email protected].

 

Language

This Agreement is drafted in the English language and translations may be provided in other languages. You agree that the English version of the Agreement will be controlled in the event of any inconsistency between the English and translated versions in any dispute related to this agreement.

 

Contact Information

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us.

For further information, you can send us an email via [email protected] or visit our Help Center.