Terms and Conditions
User Agreement
The terms of the Privacy Policy, Acceptable Use and Warranties and Disclaimers are incorporated by reference into this Agreement and
they provide additional terms and conditions related to the Services rendered by PayEnvoy.
By registering for any of the services provided by PayEnvoy, you consent and agree to be bound by all the terms and conditions contained in this particular Agreement and the ones referred to above.
This Agreement is an important document which you must read and consider carefully when deciding whether to use the PayEnvoy services at any time.
This Agreement also highlights potential risk involved in using the services and also provides guidance on how to safely carry out online payments / transfers with PayEnvoy. You must consider such risks carefully because you will be bound by the provisions of this agreement.
The service being rendered by PayEnvoy is limited to E-Money and this does not qualify as a deposit or investment service in the sense of the law.
We do not guarantee the identity of any user or ensure that a buyer or seller will complete a transaction.
Note also that there are risks in dealing with underage persons or persons acting under false pretences.
PayEnvoy is providing this site on an independent service provider basis and makes no representation or warranties.
Lifting Sending Limits:-You may be permitted to lift your sending limits by complying with further requirements made by us.
These requirements vary depending on our assessment of your risk level. You agree to comply with any request for further information as we may reasonably require to enable us verify you and lift this limit.
a. Breach this Agreement (including, without limitation, opening multiple PayEnvoy accounts), the Acceptable Use Policy or any other agreement that you have entered into with PayEnvoy (including a Policy).
b. Breach any law, statute, contract, or regulation.
c. Infringe PayEnvoy's or any third party's Copyright, Patent, Trademark, Trade Secret or other intellectual property rights.
d. Act in a manner that is offensive, defamatory, libelous, or in anyway unlawful;
e. Provide false, inaccurate or misleading information;
f. Send what we reasonably believe to be potentially fraudulent or unauthorized funds;
g. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
h. Attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both PayEnvoy and the seller, bank, or card company for the same transaction;
i. Use an anonymizing proxy;
j. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
k. Conduct your business or use our services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to PayEnvoy, and other users or third parties;
l. Cause other PayEnvoy users or third parties to lodge excessive complaints regarding your PayEnvoy account or business;
m. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of our services;
n. Use your PayEnvouy account or services in a manner that would cause PayEnvoy, and/or its payment processors to reasonably believe is an abuse of their system;
o. Allow your PayEnvoy account to undertake activity that may present a credit or fraud risk to PayEnvoy;
p. Disclose or distribute another user's information to a third party, or use the information for marketing purposes unless you receive the user's express consent to do so;
q. Send unsolicited, email to a user or use our services to collect payments for sending, or assisting in sending unsolicited email to third parties;
r. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
s. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any of our systems, data or information.
t. Use any robot; spider, other automatic device, or manual process to monitor copy your website without our prior written permission;
u. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or services;
v. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, policy display or frame any content from the Website(s) without the written consent of any applicable third party.
w. Take any action that may cause us to lose any of the services from our internet service providers, payment processors or other suppliers
x. Reveal your account password(s) to anyone else nor may you use anyone else's password. We are not respondsible for losses incurred by you, including, but not limited to, the use of your account by any person other than yourself arising from the misuse of passwords;
y. Do or omit to do, attempt to do or omit to do any other act or thing which may interfere with the proper operation of the services or activites carried out as part of the sevices or otherwise than in accordance with the terms of this Agreement
a. we may close, suspend, or limit your access to your account or the services (such as limiting access to any of your funding sources, and your ability to send money, or remove financial information).
b. We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy.
c. We may request information from you or otherwise to update any inaccurate information you provided us;
d. We may withold our services from you in the future; and
e. We may take legal action against you.
PayEnvoy may deduct such fines directly from any existing balance in the offending account, or any other PayEnvoy account in your control.
b. Using the Service to receive payments for any narcotics, tobacco, other controlled substance, steroids or prescription drugs in violation of the Acceptable Use Policy.
(i) that there has been an unauthorized transaction sent from your account;
(ii) that there has been an unauthorized access to your Account;
(iii) your password has been compromised; or
(iv) someone has transferred or may transfer money from your account without your permission (collectively called "Improper Account Access").
In order for you to notify PayEnvoy immediately of any of the above events, you commit to monitor your E-money account closely on a regular basis.
We will not seek to hold you liable for any unauthorized use of your account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third party to gain access to your PayEnvoy ID and/or password/PIN.
We will hold you liable for unauthorized use of your account if we have evidence or reason to believe that you acted deliberately so as to enable any third party to gain access to your PayEnvoy ID and/or password/PIN.
If you do not report the improper account access to PayEnvoy within 12 hours of the time that you knew or should have known about it, we will not reimburse you.
a. In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the person we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:
(i) Any loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
(ii) Any loss or corruption of data: or
(iii) Any indirect or consequential loss or damage whatsoever.
b. Nothing in this Agreement shall limit our liability resulting from fraud or fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from either ours or our subcontractor's negligence or to the extent that such limitation or exclusion is not permitted by applicable law.
PayEnvoy does not have any control over the products or services that are paid for via our platform and PayEnvoy cannot ensure that the buyer or seller you are dealing with will actually complete the transaction or is authorized to do so. PayEnvoy does not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our website(s) may be interfered with by numerous factors outside of our reasonable control.
You acknowledge that your access to the website(s) may be occasionally restricted to enable us carry out repairs, maintenance or system upgrade.
PayEnvoy will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit and credit cards are processed in a timely manner.
We will endeavour to redeem E-money within 10 business days of a request for redemption being made but PayEnvoy makes no representation or warranties regarding the amount of time needed to complete processing because our service is dependent upon many factors beyond our control, such as delays in the banking system or card networks.
We make every effort to ensure that the information contained in our correspondence, reports,on the Website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided.
We however cannot guarantee the accuracy of such information in all circumstances and contexts, and no reliance should be placed by you on such information.
You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or is not in accordance with your instructions.
b) 'Agreement' means this agreement including all subsequent amendments.
c) 'Authorize' or 'authorization' means you authorize a person to collect a payment from your account.
d) 'Business Account' means an Account used primarily for business purposes and not for personal, family or household purposes.
e) 'Buyer' means a user who is buying goods or services and/or using the services to send payment or transfer e-money.
f) 'days' means calendar days g) 'E-money' means monetary value as represented on an electronic device, issued on receipt of funds, and accepted as a means of payment by persons other than PayEnvoy. E-money, money and funds are used interchangeably.
h) 'PayEnvoy', 'we' or 'us' means payenvoy.com; a member of Natural World International Ltd duly incorporated under Nigerian laws.
i) 'PayEnvoy website' means the URL through which we provide the services to you.
j) 'user', 'you' or 'your' means you and any other person or entity using this service including your agents or representatives.
k) 'Policy' or 'policies' means any policy or other agreement between you and PayEnvoy that you entered into on the PayEnvoy website or in connection with your use of the services.
l) 'substantial change' means a change to the terms of this agreement that reduces your rights or increases your responsibilities.
m) 'verified' means that you have completed our verification process in order to help establish your identity with PayEnvoy. Verification does not constitute an endorsement of a user or guarantee a user's business practices.
n) 'Default Funding source' means the bank account, debit or credit card, EnvoyCard or any other credit or debit facility which you have provided for funding your transaction or which you want to use to credit your PayEnvoy account.
2. Relate to sales of:
i) Narcotics, steroids, certain controlled substances or related paraphernalia or other products that present a risk to a consumer's safety,
ii) items that encourage, promote, facilitate or instruct others to engage in any illegal activity,
iii) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
iv) items that are considered obscene,
v) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
vi) certain sexually oriented materials or services, or
vii) certain firearms, firearm parts or accessories, ammunition, weapons or knives
viii) any form of terrorist activity
3. Relate to transactions that:
a) show the personal information of third parties in violation of applicable laws,
(b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
(c) are for the sale of certain items before the seller has control or possession of the item,
(d) are associated with the sale of Banker's cheques or money orders,
(e) involve currency exchanges or cheque cashing businesses, or
(f) provide certain credit repair or debt settlement services
4. Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
5. Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayEnvoy and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
ii. The parties hereto each undertake to comply with all laws and regulations as may be applicable to the performance of its obligations under this Agreement.
iii. Any dispute arising in connection with the interpretation or performance of the Agreement shall be referred for binding arbitration to three arbitrators appointed in accordance with the Laws of the Federal Republic of Nigeria, PROVIDED that nothing in this Agreement shall prejudice the rights of the parties hereto to seek an order of a court of competent jurisdiction for interim relief.
iv. Subject to Clause (iii) above, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator, provided that where a party fails to appoint an arbitrator within 30 days of receipt of a request to do so by the other party; or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointments, the appointment shall be made by the Chief Judge of the Court having jurisdiction to entertain the matter, on the application of any of the parties herein.
v. The arbitration shall take place in Lagos, Nigeria; the language of the arbitration shall be English.
By registering for any of the services provided by PayEnvoy, you consent and agree to be bound by all the terms and conditions contained in this particular Agreement and the ones referred to above.
AMENDMENTS:
We reserve the right to amend this Agreement (and all the other Policies and Agreements referred to above) at any time by posting the revised version on the PayEnvoy website, and it becomes effective as soon as it is posted on the website. In addition, if any amendment includes a substantial change, we will provide you with at least 30 days prior notice by sending an e-mail to the e-mail address provided by you.This Agreement is an important document which you must read and consider carefully when deciding whether to use the PayEnvoy services at any time.
This Agreement also highlights potential risk involved in using the services and also provides guidance on how to safely carry out online payments / transfers with PayEnvoy. You must consider such risks carefully because you will be bound by the provisions of this agreement.
PayEnvoy Is Only A Payment Service Provider:
PayEnvoy's main business is the issuance of E-Money and the provision of services closely related to issuance of E-Money.The service being rendered by PayEnvoy is limited to E-Money and this does not qualify as a deposit or investment service in the sense of the law.
PayEnvoy is an independent contractor for all purposes.
PayEnvoy neither has control over, nor accepts liability for the goods or services that are paid for via our platform.We do not guarantee the identity of any user or ensure that a buyer or seller will complete a transaction.
Note also that there are risks in dealing with underage persons or persons acting under false pretences.
PayEnvoy is providing this site on an independent service provider basis and makes no representation or warranties.
YOUR PRIVACY:
Protecting privacy is of utmost importance to PayEnvoy. Please refer to our "Privacy Policy" to better understand our commitment to maintaining your privacy as well as ours and the disclosure of your information. We disclose information about you and your account to third parties in the manner set out in our PRIVACY POLICY. This is also by your consent and instructions. We acknowledge that we may amend the PRIVACY POLICY to review the list of third parties to whom we disclose your personal and account information.PRIVACY OF OTHERS:
If you receive information about another user through our service, you MUST keep the information confidential and use it only for legal purposes in connection with our services. You shall not disclose or distribute a PayEnvoy user's information to a third party or use the information for marketing purposes unless you receive the user's express consent and/or instruction to do so. You shall not use any information about a PayEnvoy user for any illegal or unauthorized purpose.INTELLECTUAL PROPERTY:
The URLS representing PayEnvoy website together with all related logos of our products and services on our website are either copyrighted by PayEnvoy, trademarks or registered trademarks of PayEnvoy or its licensor(s). In addition, all page headers, custom graphics, scripts, buttons icons are either copyrighted by PayEnvoy, trademarks. You shall not copy, imitate, amend, alter or use them without prior written consent of PayEnvoy.ASSIGNMENT:
You shall not transfer or assign any rights or obligations you have under this agreement without seeking and obtaining PayEnvoy's prior written consent. PayEnvoy reserves the right to assign any of its right or obligations under this Agreement at anytime at any time.NOTICES:
PayEnvoy may communicate notices to you by posting same on the PayEnvoy website; or via e-mail address provided in your PayEnvoy Account. With Exception to the amendments to this agreement, such notices shall be considered to be received by you within 24 hours of the time it is posted to PayEnvoy Website or within 24hours of the time it was sent to E-mail address. Notice to PayEnvoy made in connection with this Agreement may be sent by e-mail to support(at)PayEnvoy.com.ELIGIBILITY:
Eligiblity for services rendered by PayEnvoy is restricted to persons of sound mind, aged 18 years and above..SENDING MONEY:
Sending limits:- We reserve the right to impose at our discretion a limit on the amount of money you can send through our platform.Lifting Sending Limits:-You may be permitted to lift your sending limits by complying with further requirements made by us.
These requirements vary depending on our assessment of your risk level. You agree to comply with any request for further information as we may reasonably require to enable us verify you and lift this limit.
DEFAULT FUNDING SOURCES:
When you make a payment, you authorize us to obtain funds on your on behalf from your applicable funding source to issue E-money and to transfer same to the recipient or to your balance in each case, according to your instruction and subject to the terms of this Agreement.FUNDING SOURCE LIMITATIONS:
In order to manage risk, PayEnvoy may limit the funding sources available per transaction. If we limit the funding sources, we will alert you that there is a higher level of risk associated with the payment. However, such a notice does not mean that either party to the transaction is acting in a dishonest or fraudulent manner. It means that there is a higher than normal risk associated with the payment. You have the option to continue with the transaction, bearing in mind that you are solely liable for any additional risk that may arise.SENDING E-MONEY:
You may only send money in the currency available in your Country.YOUR CO-OPERATION:
You agree to co-operate at all times with PayEnvoy during any investigations of fradulent transactions by providing access to any information that may be required of you.REFUSED TRANSACTIONS:
When you send E-money, the recipient is not required to accept it. You agree that you will not hold PayEnvoy liable for any damages resulting from a recipient's decision not to accept a payment made through PayEnvoy service. We will return any unclaimed, refunded or denied payment to the sender's balance within 30 days of receiving a notice from you via an e-mail sent to support(at)PayEnvoy.com.CLOSING YOUR ACCOUNT:
How to close your account: You may close your account at anytime by simply notifying us. If there is any balance left in your PayEnvoy account, you will need to provide information as to where the said balance should be disbursed.Limitations on closing your Account:
You may not close your account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed.FEES:
Please follow this link to view the fess payable for our services. We however reserve the right to amend our fees at anytime.RESTRICTED ACTIVITIES:
In connection with your use of our website, your PayEnvoy account or any of our services, and in the course of your interactions with PayEnvoy, other users or a third party, you will not:a. Breach this Agreement (including, without limitation, opening multiple PayEnvoy accounts), the Acceptable Use Policy or any other agreement that you have entered into with PayEnvoy (including a Policy).
b. Breach any law, statute, contract, or regulation.
c. Infringe PayEnvoy's or any third party's Copyright, Patent, Trademark, Trade Secret or other intellectual property rights.
d. Act in a manner that is offensive, defamatory, libelous, or in anyway unlawful;
e. Provide false, inaccurate or misleading information;
f. Send what we reasonably believe to be potentially fraudulent or unauthorized funds;
g. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
h. Attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both PayEnvoy and the seller, bank, or card company for the same transaction;
i. Use an anonymizing proxy;
j. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
k. Conduct your business or use our services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to PayEnvoy, and other users or third parties;
l. Cause other PayEnvoy users or third parties to lodge excessive complaints regarding your PayEnvoy account or business;
m. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of our services;
n. Use your PayEnvouy account or services in a manner that would cause PayEnvoy, and/or its payment processors to reasonably believe is an abuse of their system;
o. Allow your PayEnvoy account to undertake activity that may present a credit or fraud risk to PayEnvoy;
p. Disclose or distribute another user's information to a third party, or use the information for marketing purposes unless you receive the user's express consent to do so;
q. Send unsolicited, email to a user or use our services to collect payments for sending, or assisting in sending unsolicited email to third parties;
r. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
s. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any of our systems, data or information.
t. Use any robot; spider, other automatic device, or manual process to monitor copy your website without our prior written permission;
u. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or services;
v. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, policy display or frame any content from the Website(s) without the written consent of any applicable third party.
w. Take any action that may cause us to lose any of the services from our internet service providers, payment processors or other suppliers
x. Reveal your account password(s) to anyone else nor may you use anyone else's password. We are not respondsible for losses incurred by you, including, but not limited to, the use of your account by any person other than yourself arising from the misuse of passwords;
y. Do or omit to do, attempt to do or omit to do any other act or thing which may interfere with the proper operation of the services or activites carried out as part of the sevices or otherwise than in accordance with the terms of this Agreement
YOUR LIABILITY - ACTIONS WE MAY TAKE
YOUR LIABILITY:
You are responsible for all claims, fees, fines, penalties and any other liability incurred by PayEnvoy, other PayEnvoy users or third parties, caused by your use of the Services and or arising out of your breach of this Agreement. You agree to reimburse PayEnvoy, other PayEnvoy users, or third parties for any and all such liability(ies).Actions by PayEnvoy;
If we have reason to believe that you have engaged in any of the Restricted Activities, we may take appropriate action to protect PayEnvoy, a seller, a User, a third party, or prevent you from claims, fees, fines, penalties and any other liability. The action we take may include but would not be limited to the following:a. we may close, suspend, or limit your access to your account or the services (such as limiting access to any of your funding sources, and your ability to send money, or remove financial information).
b. We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy.
c. We may request information from you or otherwise to update any inaccurate information you provided us;
d. We may withold our services from you in the future; and
e. We may take legal action against you.
Account Closure And Limited Access:
At our sole discretion, we may close your account and terminate this Agreement with you at any time where we believe it is expedient to do so. If we close your account, we will notify you of the closure and where practicable, give reasons for closing your account. If we limit access to your account, we will provide you with notice and opportunity to request restoration of access if appropriate.Acceptable Use Policy Violation:
If you violate the Acceptable Use Policy as set forth below, then we shall hold you liable for up to N5,000,000 for each such violation and may take legal action against you to recover any additional losses we may incur. You acknowledge and agree that an amount up to N5,000,000 is presently a reasonable minimum estimate of PayEnvoy's damages, considering all currently existing circumstances, including the relationship of the sum of the range of harm to PayEnvoy that could reasonably be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.PayEnvoy may deduct such fines directly from any existing balance in the offending account, or any other PayEnvoy account in your control.
The specific activities that may subject you to fines by PayEnvoy
a. Using the Services to receive payments for any sexually oriented or obscene materials or services in violation of the Acceptable Use Policy; orb. Using the Service to receive payments for any narcotics, tobacco, other controlled substance, steroids or prescription drugs in violation of the Acceptable Use Policy.
Legal Fees for Acceptable Use Policy Litigation:
If either you or PayEnvoy should commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorney's fees and costs from the other party and such other party shall commit to bear such costs in addition to any other relief to which it may be entitled.Errors And Unauthorized Transactions:
It is very important that you immediately notify PayEnvoy if you have reason to believe that any of the following activities has occurred:(i) that there has been an unauthorized transaction sent from your account;
(ii) that there has been an unauthorized access to your Account;
(iii) your password has been compromised; or
(iv) someone has transferred or may transfer money from your account without your permission (collectively called "Improper Account Access").
In order for you to notify PayEnvoy immediately of any of the above events, you commit to monitor your E-money account closely on a regular basis.
We will not seek to hold you liable for any unauthorized use of your account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third party to gain access to your PayEnvoy ID and/or password/PIN.
We will hold you liable for unauthorized use of your account if we have evidence or reason to believe that you acted deliberately so as to enable any third party to gain access to your PayEnvoy ID and/or password/PIN.
Notifying PayEnvoy of Errors and/or Unauthorized Transactions:
If you believe there has been or will be an error or unauthorized transaction on your account, notify us immediately by sending an e-mail to support(at)PayEnvoy.comLiability for Unauthorized Transactions:
If you report and we verify that there has been an improper account access related to your account, and after investigation, we conclude that you are not liable, we will reimburse you in full for all unauthorized transactions sent from your account that occur within 12 hours of notification of the improper Account Access.If you do not report the improper account access to PayEnvoy within 12 hours of the time that you knew or should have known about it, we will not reimburse you.
No Waiver:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.Limitations of Liability:
We shall only be liable for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.a. In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the person we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:
(i) Any loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
(ii) Any loss or corruption of data: or
(iii) Any indirect or consequential loss or damage whatsoever.
b. Nothing in this Agreement shall limit our liability resulting from fraud or fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from either ours or our subcontractor's negligence or to the extent that such limitation or exclusion is not permitted by applicable law.
NO WARRANTY:
We provide the Service to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement.PayEnvoy does not have any control over the products or services that are paid for via our platform and PayEnvoy cannot ensure that the buyer or seller you are dealing with will actually complete the transaction or is authorized to do so. PayEnvoy does not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our website(s) may be interfered with by numerous factors outside of our reasonable control.
You acknowledge that your access to the website(s) may be occasionally restricted to enable us carry out repairs, maintenance or system upgrade.
PayEnvoy will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit and credit cards are processed in a timely manner.
We will endeavour to redeem E-money within 10 business days of a request for redemption being made but PayEnvoy makes no representation or warranties regarding the amount of time needed to complete processing because our service is dependent upon many factors beyond our control, such as delays in the banking system or card networks.
We make every effort to ensure that the information contained in our correspondence, reports,on the Website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided.
We however cannot guarantee the accuracy of such information in all circumstances and contexts, and no reliance should be placed by you on such information.
You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or is not in accordance with your instructions.
INDEMNIFICATION / RE-IMBURSEMENT:
You agree to defend, re-imburse or compensate us (known in legal terms to "Indemnify") and hold PayEnvoy, or other companies in our corporate group, the people who work for us or who are authorized to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach, your employees' or agent's breach of this Agreement, breach of any law and/or use of the service.COMPLETE AGREEMENT AND THIRD PARTY RIGHTS:
This Agreement sets forth the entire understanding between you and PayEnvoy with respect to the service, and should survive/will survive the termination of this Agreement. If any provision of this agreement is held to be invalid or unenforceable, such provision shall not be enforced. A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Agreement.LICENCES GRANT:
PayEnvoy and its licensors grant you a limited nonexclusive license to use PayEnvoy's software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all PayEnvoy documentation accompanying the services. If you do not comply with PayEnvoy implementation and use requirements you will be liable for all resulting damages suffered by you, PayEnvoy and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to PayEnvoy's software are owned by PayEnvoy.DEFINITIONS:
a) 'Account' or 'PayEnvoy Account' means a personal or business Account.b) 'Agreement' means this agreement including all subsequent amendments.
c) 'Authorize' or 'authorization' means you authorize a person to collect a payment from your account.
d) 'Business Account' means an Account used primarily for business purposes and not for personal, family or household purposes.
e) 'Buyer' means a user who is buying goods or services and/or using the services to send payment or transfer e-money.
f) 'days' means calendar days g) 'E-money' means monetary value as represented on an electronic device, issued on receipt of funds, and accepted as a means of payment by persons other than PayEnvoy. E-money, money and funds are used interchangeably.
h) 'PayEnvoy', 'we' or 'us' means payenvoy.com; a member of Natural World International Ltd duly incorporated under Nigerian laws.
i) 'PayEnvoy website' means the URL through which we provide the services to you.
j) 'user', 'you' or 'your' means you and any other person or entity using this service including your agents or representatives.
k) 'Policy' or 'policies' means any policy or other agreement between you and PayEnvoy that you entered into on the PayEnvoy website or in connection with your use of the services.
l) 'substantial change' means a change to the terms of this agreement that reduces your rights or increases your responsibilities.
m) 'verified' means that you have completed our verification process in order to help establish your identity with PayEnvoy. Verification does not constitute an endorsement of a user or guarantee a user's business practices.
n) 'Default Funding source' means the bank account, debit or credit card, EnvoyCard or any other credit or debit facility which you have provided for funding your transaction or which you want to use to credit your PayEnvoy account.
PayEnvoy ACCEPTABLE USE POLICY.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayEnvoy's services regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use policy.PROHIBITED ACTIVITIES
You may not use the PayEnvoy service for activities that:
1. Violate any law, statute, regulation, or ordinance2. Relate to sales of:
i) Narcotics, steroids, certain controlled substances or related paraphernalia or other products that present a risk to a consumer's safety,
ii) items that encourage, promote, facilitate or instruct others to engage in any illegal activity,
iii) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
iv) items that are considered obscene,
v) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
vi) certain sexually oriented materials or services, or
vii) certain firearms, firearm parts or accessories, ammunition, weapons or knives
viii) any form of terrorist activity
3. Relate to transactions that:
a) show the personal information of third parties in violation of applicable laws,
(b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
(c) are for the sale of certain items before the seller has control or possession of the item,
(d) are associated with the sale of Banker's cheques or money orders,
(e) involve currency exchanges or cheque cashing businesses, or
(f) provide certain credit repair or debt settlement services
4. Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
5. Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayEnvoy and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
GOVERNING LAW AND COMPLIANCE:
i. This Agreement shall be governed by and construed in all aspects in accordance with the laws of the Federal Republic of Nigeria and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of the Federal Republic of Nigeria.ii. The parties hereto each undertake to comply with all laws and regulations as may be applicable to the performance of its obligations under this Agreement.
iii. Any dispute arising in connection with the interpretation or performance of the Agreement shall be referred for binding arbitration to three arbitrators appointed in accordance with the Laws of the Federal Republic of Nigeria, PROVIDED that nothing in this Agreement shall prejudice the rights of the parties hereto to seek an order of a court of competent jurisdiction for interim relief.
iv. Subject to Clause (iii) above, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator, provided that where a party fails to appoint an arbitrator within 30 days of receipt of a request to do so by the other party; or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointments, the appointment shall be made by the Chief Judge of the Court having jurisdiction to entertain the matter, on the application of any of the parties herein.
v. The arbitration shall take place in Lagos, Nigeria; the language of the arbitration shall be English.