This user agreement will be effective for all users as of March 16, 2022.

Welcome to AzcPay!

The following Terms and Conditions (the “Terms”) are a contract between you and AZC-SECURE LTD (“AzcPay”) or (AZC), a private limited liability company incorporated under the laws of the Federal Republic of Nigeria, governing your use of your AzcPay Account on the web and in its mobile application (AZCPAY app), and the AzcPay services, a platform which offers flexibility to receive and send money, and engage an escrow payment process for online buyers and sellers with buyer and seller protection (the “Services”). If you are an individual, you must be a resident of one of the countries/regions listed on the Azcpay register page and be at least 18 years old, or the age of majority in your country/region of residence, to open an AzcPay account and use the AzcPay services. If you are a business, the business must be organized in, operating in, or a resident of one of the countries/regions listed on the AzcPay register page to open a AzcPay account and use the AzcPay services.

By using the Services, you agree to be bound by the Terms. "You" and "your" mean the person who uses or accesses the Services. "We," "us," and "our" mean “AzcPay” or “AZC” and its successors, affiliates, and assignees. As used in these Terms, "AZC Account" or “AzcPay Account” means the account you have with us for the Services.

You also agree to comply with the following additional policies, legals and each of the other agreements on the domain or subdomain of azcpay.com written by us and that apply to you, including:

• Privacy Policy

• Acceptable Use

• Escrow Policy

• Buyer protection

• Seller protection

Please read all of the terms and conditions of this user agreement, these policies, and any other agreements that apply to you very carefully. 

We reserve the right to change this user agreement and any of the policies described above at any time without prior notice. Unless otherwise stated, the amended version will take effect when it is posted on our website. You agree to abide and be bound by any modifications to this user agreement or any of the other applicable terms, agreements, or policies indicated above by continuing to use our services after such changes.

If you do not agree to the updated terms and conditions, you must immediately cease using our services, close your account, and terminate your relationship with us. This user agreement shall remain in effect for any past usage of our services by you.

 CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATION

Consent - To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, "Communications") that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; and (2) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent - Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at support@azcpay.com. If you withdraw your consent to receive Communications electronically, we will close your AZC Account and and you will no longer be able to use your AZC Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

You Must Keep Your Contact Information Current With Us - In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on your AZC Account.

Changes -  We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.

Creating an Account

All Azcpay accounts allow you to:

• Add funds from your local bank accounts through debit cards and bank transfers.

• Send and receive money via email, phone number, and username.

• Use our escrow service to make and receive payments for goods and services with buyer and seller protection.

• Accept credit card, debit card, bank account, AZCl balance, from others.

• Dispute transactions

• Withdraw funds to your local bank account.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your AZC account and the Azcpay services.

In order to open and maintain a AZC account, you must list your correct country/region of residence and provide us with correct and updated account information, including but not limited to personal information, financial information, or other information related to you or your business.

You must keep your mailing address, email address, and other contact information current in your AZC account profile.

Closing Your AzcPay Account
You may close your account and terminate your relationship with us at any time without cost or penalty by reaching out to us via support@azcpay.com, but you will remain liable for all obligations related to your AzcPay account even after the AzcPay account is closed. When you close your Azcpay account, we will cancel any scheduled or incomplete transactions. You must withdraw or transfer any AZC  balance from your AzcPay account before closing it. 

In certain cases, you may not close your AzcPay account, including:

• To evade an investigation

• If you have a pending transaction or an open dispute or claim.

• If your AzcPay account has a negative balance.

• If your AzcPay account is subject to a hold, limitation, or reserve.

Adding funds to your Azcpay Account

You may use the two available payment methods to add funds to your AzcPay Account. The amount of funds transferred will be held in your AZC balance.

Adding funds with debit or credit cards

• You can add funds by filling in your debit or credit card details and passing the necessary authentication presented to you for verification.

• The amount of funds you can add in Naira using debit and credit card methods is limited to 0.01 and 500,000,000, and it is also limited to the limits set by your local bank and card issuer.

• The percentage fee charged on each debit or credit card transaction is 1.5% capped at N2000. 

• A value-added tax (VAT) will also be added to create a total payable fee.

• We may adjust the fees applicable to future transactions that you process using this option of funding without any advance notice of any fee increase.

• The use of stolen debit or credit card credentials is highly prohibited and referred to as fraud, and you will be fully responsible for the consequences of such actions.

Adding funds using a bank transfer

• Adding funds with bank transfers will only be available to eligible users with complete KYC verification.

• The amount of funds you can add in Naira via bank transfer methods is limited to 0.01 and 500,000,000, and it is also limited to the limits set by your local bank.

• A flat fee of 50 Naira is charged for each bank transfer transaction. 

• A value-added tax (VAT) will also be added to create a total payable fee.

• A value-added tax (VAT) will also be added to create a total payable fee.

• We may adjust the fees applicable to future transactions that you process using this option of funding without any advance notice of any fee increase.

• Fraudulent bank transfers to the account number provided to you by AzcPay are highly prohibited and you will be fully responsible for the consequences of such actions.

Holding an AZC Balance

Any AZC balance you hold represents an unsecured claim against AzcPay. Azcpay combines your balance with the balances of other users and invests those funds in liquid investments. These pooled amounts are held separate from AzcPay's corporate funds, and AzcPay will neither use these funds for its operating expenses or any other corporate purposes, nor will it voluntarily make these funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. You agree AzcPay shall own the interest or other earnings on these investments. You agree to assign any rights to any interest derived from your funds to AzcPay.

Withdrawing funds from your balance

You can only withdraw funds from your AZC balance to a local bank account verified with your full name used during KYC.

To protect us and our users from loss, we may delay a withdrawal in certain situations, including if we need to confirm that you have authorized the withdrawal or if other payments to your AzcPay account have been subject to a reversal (for example, as a result of a chargeback, bank reversal, or dispute by a buyer). If we place a limitation on your AzcPay account, a payment is subject to a hold, or your account or an associated account has a negative balance in any currency while a withdrawal from your AzcPay account is pending, you will have to reinitiate the withdrawal once the limitation or hold has been lifted, or the negative balance is fully paid off.

We may set limits on your withdrawals, and you can view any withdrawal limit by logging into your AzcPay account. Completing the following steps can help us verify your AzcPay account, which may allow us to remove any withdrawal cap:

• Taking a snapshot of your face

• Verifying you Bank Verification Number(BVN)

• Submitting valid proof of Identity documents

We will charge a percentage fee of 1.5% for each withdrawal transaction made by bank transfer to your valid local bank account, A value-added tax (VAT) will also be added to create a total payable fee.

Account Statements

You have the right to receive an account statement and receipts of transactions showing your AzcPay account activity. You may view your AzcPay account statement by logging into your AzcPay account.

Sending money via Mutual and Friends 

You can send funds to friends and mutual relations from your AzcPay account using the send feature in your AzcPay account.

When you send payments to friends and mutual relations using your AZC balance (if available), we waive all fees, so we always show you these payment options first, even if you have a set preferred payment method for your online purchases. Remember, you always have the choice to select any payment method in your AzcPay account by clicking on  your preferred option on the transaction type page. If you select a payment method with a fee, we will always show you the fee before you send the payment.

We may, at our discretion, impose limits on the amount of funds you can send using the Mutual and Friends option, including funds you send for purchases. You can view any sending limits by logging in to your AzcPay account. We may increase your sending limits if you complete the same steps to verify your information as is required for the removal of withdrawal limits.

Funds sent via Mutual and Friends will be charged a zero percent (0%) fee, A value-added tax (VAT) will also be added to create a total payable fee and will be disclosed to you in advance each time you initiate a transaction to send funds.

• We may adjust the fees applicable to future transactions that you process using AzcPay Mutual and friends option without any advance notice of any fee increase.

Sending Payments Via Escrow and Business

You can make payments to online vendors and businesses via our escrow system with buyer protection. This helps you to buy items from, or pay for a service from, a seller who accepts AzcPay using the funds in your AZC balance.

• Buying something at an online retailer's website and selecting AzcPay as your payment method at checkout.

• Sending a payment to a seller for goods or services

• Using your AzcPay account to buy something at a seller's physical store.

• Making donations using AzcPay 

We may, at our discretion, impose limits on the amount of funds you can send using the escrow and business options, including funds you send for purchases. You can view any sending limits by logging in to your AzcPay account. We may increase your sending limits if you complete the same steps to verify your information as is required for the removal of withdrawal limits.

When you make a payment to a seller who accepts AzcPay, your payment may appear as a processing order in your AzcPay account. In that case, your authorization of the payment will remain in processing status until the selected transaction period expires or until the fund is released by confirming the service you intended is delivered.

When you buy an item from a seller who accepts AzcPay, pay for a service, or make a donation, you will pay a percentage fee of 1.5% to AzcPay, A value-added tax (VAT) will also be added to create a total payable fee.

. This amount will be disclosed to you in advance each time you initiate a transaction to send funds. 

• We may adjust the fees applicable to future transactions that you process using AzcPay Escrow and business option without any advance notice of any fee increase.

Refunds

When you buy something from a seller online or pay for a service online using AzcPay escrow and business option and the transaction is ultimately refunded, the payment will typically be refunded to your AZC balance and all charges on the transaction will be completely excluded from the refund amount.

AzcPay Buyer Protection Program:

When you buy something from a seller who accepts AzcPay, you may be eligible for a refund under our Buyer Protection program. When applicable, the Buyer Protection  program entitles you to reimbursement for the full purchase price or a certain percentage of purchase price of the item as we deem fit, excluding the fees charged on the transaction. AzcPay determines, in its sole discretion, whether your claim is eligible for the Buyer Protection program. AzcPay's original determination is considered final, but you may be able to file an appeal of the decision with AzcPay via support@azcpay.com if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. AzcPay's Buyer Protection program does not entitle you to reimbursement for the return shipping costs that you may incur.

AzcPay's Buyer Protection program may apply when you encounter these specific problems with a transaction:

• You didn't receive your item from a seller (referred to as an "Item Not Received" claim), or

• You received an item, but the item isn't what you ordered (referred to as a "Significantly Not as Described" claim).

If you believe that a transaction made through your AzcPay account was not authorized by you, this type of claim is different from the Buyer Protection program, and is described below under Liability for Unauthorized Transactions.

Item Not Received claims

Your claim will not qualify for a refund under AzcPay's Buyer Protection program for an Item Not Received claim if:

• You collect the item in person, or arrange for it to be collected on your behalf, including if you use AzcPay in a seller’s store location, or

• The seller has provided proof of shipment or proof of delivery.

If the seller presents evidence that they delivered the goods to your address, AzcPay may find in favor of the seller on an Item Not Received claim even if you claim you did not receive the goods.

Significantly Not As Described claims

An item may be considered Significantly Not as Described if:

• The item is materially different from the seller's description of it.

• You received a completely different item.

• The condition of the item was misrepresented. For example, the item was described as "new" but the item was used.

• The item was advertised as authentic but is not authentic (i.e. it is counterfeit).

• The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.

• You purchased a certain number of items but didn't receive them all.

• The item was materially damaged during shipment.

• The item is unusable in its received state and was not disclosed as such.

An item may not be considered Significantly Not as Described if:

• The item is materially similar to the seller's description of it.

• The defect in the item was correctly described by the seller in its description of the item.

• The item was properly described but you didn't want it after you received it.

• The item was properly described but did not meet your expectations.

• The item has minor scratches and was described as "used."

• The following items or transactions are not eligible for AzcPay's Buyer Protection program:

• Real estate, including residential property

• Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards

• Businesses (when you buy or invest in a business)

• Industrial machinery used in manufacturing

• Payments that are equivalent to cash, including stored value items such as gift cards and prepaid cards,

• Payments made in respect of gold (whether in physical form or exchange-traded form)

• Financial products or investments of any kind.

• Gambling, gaming, and/or any other activities with an entry fee and a prize.

• Donations, including payments on crowdfunding platforms as well as payments made on crowdlending platforms,

• Payments to a state-run body (except for state-owned enterprises), government agencies or third-parties acting on behalf of state-run bodies or government agencies

• Payments to any bill payment service

• Significantly Not as Described claims for wholly or partly custom-made items

• Item Not Received claims are for physical, tangible items you collect in person or arrange to be collected on your behalf. This includes items bought in a seller's store location, except if you paid for the transaction in-person using AzcPay's goods and services. QR code

• Anything prohibited by AzcPay's Acceptable Use Policy

• Payments made using AzcPay's Payouts (formerly Mass Pay)

• Personal payments, including payments sent using AzcPay's mutual and friends functionality,

• Payments that you have not sent using your AzcPay account

• Items intended for resale, including single item transactions or transactions that include multiple items

Transaction eligibility for AzcPay's Buyer Protection program

To be eligible for AzcPay's Buyer Protection, you must meet all of the following requirements:

• have an AzcPay account in good standing.

• Pay for the eligible item from your AzcPay account.

• Attempt to contact the seller to resolve your issue directly before filing a claim under AzcPay's through the Dispute Center.

• Respond to AzcPay's request for documentation and other information within the time requested.

• Open a dispute on the transaction within the agreed transaction period that you specified  when the payment was made, and follow our online dispute process.

• You have not received a recovery or agreed to an alternative resolution related to your purchase from another source.

Online dispute process

If you're unable to resolve a transaction issue directly with a seller, you must follow our online dispute process through the Dispute Center to pursue a claim under our Buyer Protection program. You may also file a claim (Step 2 below) by calling us and speaking to an agent. The steps you must follow are described below, and if you do not follow these steps, your claim may be denied:

Step 1: Open a dispute  on the transaction within the agreed transaction period, which was inputted when the payment was made. This might allow you to start a direct conversation with the seller regarding your issue with the transaction, which may help resolve the dispute. If you are unable to resolve the dispute directly with the seller, proceed to Step 2. We will place a hold on all funds related to the transaction in the seller's AzcPay account until the dispute is resolved or closed.

Step 2: Escalate the dispute to a claim for reimbursement within 10 days after opening the dispute, if you and the seller are unable to come to an agreement, or we will automatically close the dispute. You can escalate the dispute to a claim for reimbursement through the Dispute Centre. The seller or AzcPay may also escalate the dispute to a claim at this point. AzcPay may ask you to wait at least 7 days from the transaction date to escalate the dispute.

Step 3: Respond to AzcPay’s requests for documentation or other information, after you, the seller, or AzcPay escalates your dispute to a claim for reimbursement. AzcPay  may require you to provide receipts, third party evaluations, police reports, or other documents that AzcPay specifies. You must respond to these requests in a timely manner as requested in our correspondence with you.

Step 4: Comply with AzcPay’s shipping requests in a timely manner, if you're filing a Significantly Not as Described claim. AzcPay may require you to ship the item back to the seller, to AzcPay, or to a third party (which will be specified by AzcPay) and to provide proof of delivery.

Proof of delivery means:

• confirmation that can be viewed online and includes the delivery address showing at least city/ or postal code, delivery date, and the identity of the shipping company you used.

• You may be required to provide signature confirmation of delivery.

Step 5: AzcPay will make a final decision (including automatically closing any dispute or claim) in its sole discretion, based on the eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information AzcPay deems relevant and appropriate under the circumstances.

Note that when you are making digital goods micropayments, there are special rules that apply and that include pre-determined thresholds where we may, at our discretion, reverse the transaction without requiring you to take further action. We may limit the number of automatic reversals that you benefit from, but even if that is the case, you will still be able to follow AzcPay’s standard dispute processes described above.

In the event that AzcPay makes a final decision in favour of the buyer or seller, each party must comply with AzcPay’s decision.

If AzcPay finds in favour of a buyer, AzcPay will reimburse the buyer for the full purchase price of the item, excluding the fees charged on the transaction and shipping.

If a seller loses a claim, the seller will not receive a refund on the AzcPay fees associated with the transaction.

If a seller loses a Significantly Not as Described claim due to the item sold being counterfeit, the seller will be required to provide a full refund to the buyer and will not receive the item back.

Dispute with AzcPay or your card issuer

If you used a credit card or debit card as the payment method for a transaction through your AzcPay account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under AzcPay’s Buyer Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don't qualify for protection under a Significantly Not as Described claim with us.

You must choose whether to pursue a dispute with AzcPay under our Buyer Protection program, or to pursue the dispute with your card issuer. You can't do both at the same time or seek a double recovery. If you pursue a dispute or claim with us and you also pursue a dispute for the same transaction with your card issuer, we'll close your dispute or claim with  us. This won't affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute or claim with us later.

If you choose to dispute a transaction with AzcPay and we decide against you, you can seek to pursue the dispute with your card issuer later. If AzcPay does not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay, you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer). Before contacting your card issuer or filing a dispute with AzcPay, you should contact the seller to attempt to resolve your issue in accordance with the seller's return policy.

Accepting Payments From Buyers

Receiving payments

The ability to receive payments is available to all AzcPay users provided there's no suspension or other forced limitation for violating any of our policies and this feature can be viewed by logging into your AzcPay account.

If you use your AzcPay account to receive payments for the sale of goods or services or to receive donations, you must:

• Pay any applicable fees for receiving the funds.

• not ask your buyer to send you a personal payment for a purchase. If you do so, AzcPay may remove your AzcPay account's ability to accept payments from friends or Mutual members.

No surcharges

You agree that you will not impose a surcharge or any other fee for accepting AzcPay as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-AzcPay transactions.

Presentation of AzcPay

You must treat AzcPay payment methods or marks at least on par with any other payment methods offered at your points of sale, wherever AzcPay’s  branded services are integrated, including your websites or mobile applications. This includes at least equal or better: logo placement, position within any point of sale, and treatment in terms of payment flow, terms, conditions, restrictions, and fees, in each case as compared to other marks and payment methods at your points of sale. Further, you must not present any payment method or mark upstream (or at an earlier point in the checkout experience) from the presentation of any of AzcPay’s  services or marks.

In representations to your customers or in public communications, you must not mischaracterize any AzcPay service as a payment method or exhibit a preference for other payment methods over any AzcPay service. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using AzcPay or encourage the customer to use an alternate payment method. If you enable your customers to pay you with AzcPay, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications), you agree to display the AzcPay services payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.

Taxes, information reporting

Some of our fees may be subject to applicable taxes, levies, duties or similar governmental assessments, including, for example, value-added tax, sales tax, income tax, use or withholding taxes, assessable by any jurisdiction (collectively, "taxes") and, unless expressly noted, our fees are exclusive of applicable taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report, and remit the correct taxes to the appropriate authority. AzcPay is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting, or remitting taxes arising from any transaction.

Your refund policy and privacy policy

You must publish a refund and return policy, as well as a privacy policy, where required by law.

Payment review

AzcPay reviews certain potentially high-risk transactions. If AzcPay determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. AzcPay will conduct a review and either complete or cancel the payment. If the payment is completed, AzcPay will provide notice to you to ship the item. Otherwise, AzcPay will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that complete this payment review will be eligible for AzcPay’s Seller Protection program if they meet AzcPay’s Seller Protection program requirements. We will notify you by email and/or through your AzcPay account.

In-store payments

If you accept AzcPay payments at your physical store, you must communicate the total amount of the transaction to the customer before it takes place. You may charge your customer's account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one. You agree that any transaction that You should have an accurate and true description of the goods and services being purchased.

Marketplace sellers

If you're a seller on a marketplace or through a third-party application where AzcPay is offered, you must comply with any rules that apply to the marketplace or the third-party application's buyer protection program for sales you make through that forum. Any such protection may require you to take certain actions and may impact how claims are processed.

Card not present transactions

Whenever a buyer uses a debit or credit card as the payment method for a transaction using their account to buy something from you as a seller, the transaction will be processed as a "card not present" transaction, even if the buyer is at your store location.

Transaction Fees for Online store integrated and In-Store Payments

Standard transaction fees

The fee you pay when selling goods or services or receiving donations, using our API integrated on your website or used by any other technological means, and the buyer pays using their AzcPay account (or using another authorized wallet), is a percentage fee of 1.5% charged on the amount processed. Please note that:

• We may adjust the fees applicable to future transactions that you process using AzcPay without any advance notice of any fee increas e.

Your responsibility to notify AzcPay of pricing or fee errors.

Once you have access to any account statement(s) or other account activity information made available to you by AzcPay with respect to your business account(s), you will have sixty (15) days to notify AzcPay in writing of any errors or discrepancies with respect to the pricing or other fees applied by AzcPay. If you do not notify AzcPay within such timeframe, you accept such information as accurate, and AzcPay shall have no obligation to make any corrections, unless otherwise required by applicable law. For the purposes of this provision, such pricing or fee errors or discrepancies are different than unauthorized transactions and other electronic transfer errors, which are each subject to different notification timeframes as set forth in this user agreement.

Refunds, Reversals and Chargebacks

General information

If you receive a payment for selling goods or services that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee or Dispute fee described below). Whenever a transaction is refunded or otherwise reversed, AzcPay will refund or reverse the transaction from your AzcPay account.

If you refund a transaction, we'll retain the fees you paid as set out for such transaction type.

Payments that are invalidated and reversed

Payments to you may be invalidated and reversed by AzcPay if:

• You lose an AzcPay Buyer Protection claim submitted to us by a buyer, including as a result of your failure to respond in a timely manner.

• Your buyer pursues a chargeback related to a card-funded transaction, and the transaction is not eligible for AzcPay's Seller Protection. The card issuer, not AzcPay, determines whether a buyer is successful when they pursue a chargeback related to a card-funded transaction.

• You do not fulfill the transaction as promised or you cannot provide proof of shipment or proof of delivery when required.

• Our investigation of a bank reversal made by a buyer or the buyer's bank finds that the transaction was fraudulent.

• AzcPay sent the payment to you in error.

• The payment was unauthorized.

• You received the payment for activities that violated this user agreement, AzcPay's Acceptable Use Policy or any other agreement between you and AzcPay.  

When you receive a payment, you are liable to AzcPay for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason. Any negative AZC balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your AZC balance to eliminate it. If you do not do so, AzcPay may:

• recover any amounts due to AzcPay by debiting your balance;

• engage in collection efforts to recover such amounts from you;

• place a limitation or take other action on your AzcPay account to the aim of getting the owed balance as we deem fit by our available resources.

Dispute fees

AzcPay will charge a Dispute fee to sellers for facilitating the online dispute resolution process for transactions that are processed either through a buyer’s AzcPay account or through an AzcPay API integrated payment.

Chargeback fees

For transactions that are not processed either through a buyer’s AzcPay account or through a guest checkout, and where the buyer pursues a chargeback for the transaction with their card issuer, AzcPay will charge you a chargeback fee for facilitating the chargeback process. This fee will apply regardless of whether the buyer is successful in pursuing the chargeback with the card issuer.

The applicable chargeback fee will be deducted from your AzcPay account. The chargeback fee is equal to the percentage fee charged on that transaction.

If a buyer files a chargeback, the card issuer, not AzcPay will determine who wins the chargeback.

Impact of various Buyer Protection processes on sellers

You should read and understand AzcPay's Buyer Protection program. Buyers' rights under these programs may impact you as a seller. You can find this information for AzcPay's programs on this legal document. If you lose a claim under AzcPay's Buyer Protection program:

• You will be required to reimburse AzcPay for your liability.

• Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases, you may not receive the item back), and the AzcPay fees that you were charged for the transaction. This applies when you are the primary seller or a secondary seller of goods or services. For example, event ticketing agents or online travel agents will forfeit the full purchase amount paid by the buyer. In some cases, you may not receive the item back.

The Buyer Protection claim will only be considered fully resolved if:

• the refund to a buyer is processed through AzcPay, or

• you provide evidence acceptable to AzcPay, in its sole discretion, that the buyer agreed to the alternative resolution provided. 

• You will not receive a refund of the AzcPay fees that you paid in connection with the sale.

• If the claim was that the item received was Significantly Not as Described, you may not receive the item back, or you may be required to accept the item back and pay for the return shipping costs.

• If the claim was that the item received was Significantly Not as Described and related to an item you sold that is counterfeit, you will be required to provide a full 

AzcPay’s Seller Protection Program

What's eligible?

If you sell a good or service to a buyer, you may be eligible for AzcPay's Seller Protection program. When it applies, AzcPay's Seller Protection program entitles you to retain the full purchase amount or a certain percentage of the purchase amount of the item as we deem fit. AzcPay determines, in its sole discretion, whether your claim is eligible for AzcPay’s Seller Protection program. There is no limit on the number of payments eligible for AzcPay's Seller Protection program. By accessing the transaction details page in your AzcPay account, you can see your transactions that may be eligible for protection under this program.

AzcPay’s Seller Protection program may apply when a buyer claims that:

• They did not authorize, or benefit from, funds sent from their AzcPay account (referred to as an "Unauthorised Transaction" and the Unauthorized Transaction occurs in an environment hosted by AzcPay; or

• They did not receive the item from you (referred to as an "Item Not Received" claim).

AzcPay’s Seller Protection program may also apply when a transaction is reversed because of a successful chargeback by a buyer or when a bank funded payment is reversed by the buyer’s bank.

This section describes AzcPay's Seller Protection program as it applies to you, but you should also be familiar with the Impact of various Buyer Protection processes on sellers.

Basic Requirements

To be eligible for AzcPay's Seller Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements:

• You provide us with valid proof of shipment or proof of delivery.

In the case of an Unauthorized Transaction claim, you must provide valid proof of shipment or proof of delivery that demonstrates that the item was shipped or provided to the buyer no later than two days after AzcPay notified you of the dispute or reversal. For example, if AzcPay notifies you of an Unauthorized Transaction claim on May 1, the valid proof of shipment must indicate that the item was shipped to the buyer no later than May 3 to be eligible for AzcPay’s Seller Protection program.

• The item must be a tangible item except for items subject to the Intangible Goods Additional Requirements.

• You must ship the item to the shipping address on the transaction details page in your AzcPay account for the transaction. If you originally ship the item to the recipient's shipping address on the transaction details page but the item is later redirected to a different address, you will not be eligible for AzcPay's Seller Protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery.

• You must respond to AzcPay's requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the DIspute Centre. If you do not respond to AzcPay's request for documentation and other information in the time requested, you may not be eligible for AzcPay's Seller Protection.

• You must accept payment from an AzcPay account for the purchase (partial payment and/or payment in installments are excluded).

Item Not Received Additional Requirements

To be eligible for AzcPay's Seller Protection program for a buyer's Item Not Received claim, you must meet both the basic requirements and the additional requirements listed below:

• Where a buyer files a chargeback with the issuer for a card-funded transaction, You must provide proof of delivery as described below.

Intangible Goods Additional Requirements

For the sale of intangible goods and services to be eligible for AzcPay’s Seller Protection, the sale must meet the basic requirements and the following additional requirements:

• Integration requirements:

• Where you have integrated an AzcPay checkout API, you must be using the current version of that product if you are accepting payments directly via a website or mobile optimized website; or

• Ensure you are passing session information to AzcPay at checkout if you are integrated with AzcPay via a third-party or if you have a native app integration.

• Other integration requirements may apply depending on your business model. We will let you know those requirements ahead of time, if needed.

• Delivered the item and provide Proof of shipment or delivery for Intangible Goods.

Establishing proof of shipment or proof of delivery

Physical Goods

The following is required as proof of delivery for physical goods:

• Online or physical documentation from a shipping company that includes:

• An online and verifiable tracking number

• Date of delivery and "delivered" status of the item or service.

• An address for the recipient showing at least the city, country, or postal zip code (or international equivalent).

• Signature confirmation when the full amount of the payment (including shipping and taxes exceeds) the fixed amount. 

Intangible Goods

The following is required as proof of shipment or delivery for intangible goods:

• For intangible or digital goods, proof of shipment or delivery means compelling evidence to show the item was delivered or the purchase order was fulfilled. Compelling evidence could include a system of record showing the date the item was sent and that it was either:

• Electronically sent to the recipient, including the recipient’s address (email, IP, etc.), where applicable; or

• Received or accessed by the recipient

IMPORTANT: Your choice of carrier and shipment options with that carrier can have a big impact on your ability to meet the proof of delivery requirements. Please ensure, especially when shipping goods internationally, that your carrier can provide ‘delivered' status at the correct address, or your Seller Protection claim may bedenied.

The following is required as proof of shipment for physical goods:

• Online or physical documentation from a shipping company that includes:

• An online and verifiable tracking number.

• Date of shipment

• An address for the recipient that matches the shipping address on the transaction details page

• An address for the recipient showing at least the city, country, or postal zip code (or international equivalent).

Restricted Activities

In connection with your use of our websites,moblie application, your AzcPay  account, the AzcPay services, or in the course of your interactions with AzcPay, other AzcPay customers, or third parties, you will not:

• Breach this user agreement, AzcPay's Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and AzcPay.

• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).

• Infringe AzcPay’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

• Sell counterfeit goods.

• Act in a manner that is defamatory, trade libelous, threatening or harassing.

• Provide false, inaccurate or misleading information.

• Send or receive what we reasonably believe to be potentially fraudulent funds.

• Engage in potentially fraudulent or suspicious activity and/or transactions.

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.

• Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both AzcPay and the seller, bank or card issuer for the same transaction.

• Control an account that is linked to another account that has engaged in any of these restricted activities.

• Conduct your business or use the AzcPay services in a manner that results in or may result in:

• complaints;

• requests by buyers (either filed with us or card issuers) to invalidate payments made to you; or;

• fees, fines, penalties or other liability or losses to AzcPay, other AzcPay customers, third parties or you.

• Use your AzcPay account or the AzcPay services in a manner that AzcPay, KoraPay, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.

• Allow your AzcPay account to have a negative AzcPay balance.

• Provide yourself a cash advance from your credit card (or help others to do so).

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the AzcPay services) operated by us or on our behalf or the AzcPay services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or AzcPay services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the AzcPay services) operated by us or on our behalf, any of the AzcPay services or other users' use of any of the AzcPay services.

• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.

• Use the AzcPay services to test credit card behavior.

• Circumvent any AzcPay policy or determinations about your AzcPay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional AzcPay account(s) when an account has a negative AzcPay balance or has been restricted, suspended or otherwise limited; opening new or additional AzcPay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's AzcPay account;

• Harass and/or threaten our employees, agents, or other users.

• Abuse of our online dispute resolution process and/or AzcPay's Buyer Protection and/or AzcPay’s Seller Protection program.

• Cause us to receive a disproportionate number of claims that have been closed in favour of the claimant regarding your AzcPay account or business.

• Disclose or distribute another user's information to a third party, or use such information for marketing purposes unless you receive the user's express consent to do so.

• Send unsolicited emails to users or use the AzcPay services to collect payments for sending, or assisting in sending, unsolicited emails to third parties.

• Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the AzcPay websites without our or any applicable third party's written consent.

• Reveal your account password(s) to anyone else, nor use anyone else's password. We are not responsible for losses incurred by you, including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you've engaged in any of these activities, we may take a number of actions to protect AzcPay, its customers, and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your AzcPay account, and/or close or suspend your AzcPay account, immediately and without penalty to us;

• Refuse to provide the AzcPay services to you now and in the future;

• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the AzcPay services) operated by us or on our behalf, your AzcPay account or any of the AzcPay services, including limiting your ability to pay or send payments with any of the payment methods linked to your AzcPay account, restricting your ability to send payments or make withdrawals;

• Hold your AzcPay balance if reasonably needed to protect against the risk of liability to AzcPay or a third party, or if you have violated our Acceptable Use Policy;

• Suspend your eligibility for AzcPay's Buyer Protection program and/or AzcPay's Seller Protection program;

• Contact buyers who have purchased goods or services from you using AzcPay, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;

• Update inaccurate information you provided us;

• Take legal action against you;

• Hold, apply or transfer the funds in your AzcPay account as required by judgments and orders which affect you or your AzcPay account, including judgments and orders issued by courts in Singapore or elsewhere and directed to AzcPay or its affiliates;

• If you've violated our Acceptable Use Policy, or if you are a seller and receive funds for transactions that violate the Acceptable Use Policy, then you're also responsible for damages to AzcPay caused by your violation of this policy; or

• If you violate the Acceptable Use Policy, then in addition to being subject to the above actions, you will be liable to AzcPay for the amount of AzcPay's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that 1million Naira  (or equivalent) per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of AzcPay's actual damages— including, but not limited to internal administrative costs incurred by AzcPay to monitor and track violations, damage to AzcPay’s brand and reputation, and penalties imposed upon AzcPay by its business partners resulting from a user’s violation - considering all currently existing circumstances, including the relationship of the sum to the range of harm to AzcPay that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. AzcPay may deduct such damages directly from any existing AzcPay balance in any AzcPay account you control.

• Charging the High Volume Dispute fees for all current and future disputes irrespective of your dispute ratio or sales volumes given AzcPay’s increased involvement as a result of such Restricted Activity.

If we close your AzcPay account or terminate your use of the AzcPay services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in your AzcPay account available for withdrawal.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by AzcPay, any AzcPaycustomer, or a third party caused by or arising out of your breach of this user agreement, and/or your use of the AzcPay services.

Holds, Limitations and Reserves

What are holds, limitations and reserves

Under certain circumstances, in order to protect AzcPay and the security and integrity of the network of buyers and sellers that use the AzcPay services, AzcPay may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we'll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Dispute Centre or follow the instructions in our email notice with respect to the limitation, hold or reserve.

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of AzcPay, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your AzcPay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

In order to facilitate AzcPay’s actions described above and allow us to assess the level of risk associated with your AzcPay account, you agree to cooperate with AzcPay’s reasonable requests for financial statements and other documentation or information in a timely fashion.

Holds

A hold is an action that AzcPay may take under certain circumstances either at the transaction level or the account level. When AzcPay places a temporary hold on a payment, the funds shall not be available to either the sender or the recipient. AzcPay reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where AzcPay will hold payments include:

• New sellers or sellers who have limited selling activity.

• Payments for higher-risk categories like electronics or tickets.

• Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes.

Holds based on AzcPay’s risk decisions

We may place a hold on payments sent to your AzcPay account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your AzcPay account, or your transactions or that placing such a hold is necessary to comply with regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your AzcPay account with an indication that they are unavailable or pending. We'll notify you, either through your AzcPay account or directly by phone or email, whenever we place a hold.

Risk-based holds generally remain in place for up to 30 days from the date the payment was received into your AzcPay account unless AzcPay has a reason to continue to hold the payment. We may release the hold earlier under certain circumstances (for example, if you've uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 30 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we'll hold the payment in your AzcPay account until the matter is resolved.

Holds related to Marketplace transactions

If you're a seller on a marketplace or through a third-party application where AzcPay is offered, a hold may be placed on a payment sent to you at the instruction of the applicable marketplace or third-party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third-party. These holds will appear in your AzcPay account. If you have questions about why the applicable marketplace or third party instructed AzcPay to put these holds in place, you will need to contact the marketplace or third-party directly.

Holds based on disputed transactions

If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your AzcPay account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we'll lift the temporary hold. If we determine the transaction should be reversed, we'll remove the funds from your AzcPay account.

Account Limitations

Limitations prevent you from completing certain actions with your AzcPay account, such as withdrawing, sending or receiving payments. These limitations are implemented to help protect AzcPay, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your AzcPay account open.

There are several reasons why we may limit your access to your AzcPay account or the AzcPay services, and/or limit access to your funds, including:

• If we suspect someone could be using your AzcPay account without your knowledge, we may limit it for your protection and look into the fraudulent activity.

• If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your AzcPay account and your bank account.

• In order to comply with applicable law.

• If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.

• Seller performance indicating your AzcPay account is high risk. Examples include: indications of poor selling performance because you've received an unusually high number of claims and chargebacks selling an entirely new or high cost product, or if your typical sales volume increases rapidly.

If we limit access to your AzcPay account, we'll provide you with notice of our actions and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect AzcPay, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Reserves

We may place a reserve on your AzcPay account if we believe there may be a high level of risk associated with you, your AzcPay account, your business model, or your transactions. When we place a reserve on your AzcPay account, it means that all or some of the transactions will be shown as "pending" in your AzcPay balance, and you will not be able to withdraw funds in a "pending" status, in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your AzcPay account or use of the AzcPay services. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.

AzcPay considers a list of non-exclusive factors, and whether and how these factors have changed over time, including:

• How long you have been in business.

• Whether your industry has a higher likelihood of chargebacks.

• Your payment processing history with AzcPay and other providers.

• Your business and/or personal credit history.

• Your delivery time frames.

• Whether you have higher than average number of returns, chargebacks, claims or disputes.

If we place a reserve on funds in your account, we'll notify you of our actions and the terms of the reserve.

If we change the terms of the reserve due to a change in our risk assessment, we'll notify you of the new terms.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your AzcPay account, placing a reserve or limitation on your AzcPay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your AzcPay account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place as long as reasonably necessary as determined by AzcPay.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your AzcPay account, you should regularly log into your AzcPay account and review your AzcPay account statement. AzcPay will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

AzcPay will protect you from unauthorized activity in your AzcPay account  via 2 factor authenthecation. When this protection applies, AzcPay will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An "Unauthorized Transaction" occurs when a payment is sent from your AzcPay account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your AzcPay account, and sends a payment from your AzcPay account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• If you give someone access to your AzcPay account (by giving them your login information) and they use your AzcPay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

You should contact AzcPay support  service immediately if you believe:

• there has been an Unauthorized Transaction sent from your account;

• there has been unauthorized access to your account;

• your AzcPay login information has been lost or stolen; or

• any device you have used to access your AzcPay account has been lost, stolen or deactivated.

You must give us all the available information relating to circumstances of any Unauthorized Transactions, and/or misappropriated or unauthorized use of your account, and take all reasonable steps requested to assist AzcPay in its investigation.

If you notify us of an Unauthorized Transaction within sixty (15) days of the transaction and we are satisfied that it was an Unauthorized Transaction, you will be eligible for 100% protection for the Unauthorized Transaction.

Error Resolution

What is an Error

An "Error" means the following:

• a processing error made by AzcPay or its suppliers in which your AzcPay account is mistakenly debited or credited, or when a transaction is incorrectly recorded in your AzcPay account.

• You send a payment and the incorrect amount is debited from your AzcPay account.

• A transaction is missing from or not properly identified in your AzcPay account statement.

• We make a computational or mathematical error related to your AzcPay account.

What is not considered an Error

The following are NOT considered errors:

• If you give someone access to your AzcPay account (by giving them your login information) and they use your AzcPay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

• If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example). (Your only recourse in this instance will be to contact the party to whom you sent the payment and ask them to refund the payment. AzcPay will not reimburse you or reverse a payment that you have made in error.)

In case of errors or questions about your electronic transfers

Contact us at support@azcpay.com 

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (15) days after we sent the FIRST statement on which the problem or error appeared. Tell us your name, email address and account number (if any).

• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

• Tell us the Naira amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will complete our investigation within 10 business days after we receive your notification of the suspected error. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we may credit your AzcPay account within 10 business days for the amount you think is in error, so that you will have the provisional credit during the time it takes us to complete our investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit your AzcPay account.

For errors involving new AzcPay accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new AzcPay accounts (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 25 Business Days to complete the investigation.

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation of our decision. If you received a provisional credit, we will remove it from your account and notify you of the date and amount of the debit. You may ask for copies of the documents that we used in our investigation.

If we determine that there was an error, we will promptly credit the full amount into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receive less than the correct amount to which you were entitled, then we will credit your AzcPay account for the difference between what you should have received and what you actually received.

• You receive more than the correct amount to which you were entitled, then we will debit your AzcPay account for the difference between what you actually received and what you should have received.

• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

• through no fault of ours, you did not have enough available funds to complete the transaction;

• our system was not working properly and you knew about the breakdown when you started the transaction; or

• the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from AzcPay applying holds, limitations or reserves.

• Delays based on a payment review.

• Delays described under Escrow and business related to the time it may take for a purchase transaction to be completed in some situations.

• Your errors in making a transaction (for example, mistyping an amount that you are sending).

AzcPay's Rights

AzcPay suspension and termination rights

AzcPay, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the AzcPay services) operated by us or on our behalf or some or all of the AzcPay services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your AZC balance.

Security interest

As security for the performance of your obligations under this user agreement, you grant to AzcPay a lien on, and security interest in and to, your AZC balance in the possession of AzcPay.

Amounts owed to AzcPay

If your AZC balance becomes negative for any reason, that negative AZC balance represents an amount that you owe to AzcPay. AzcPay may set off these amounts from funds that are subsequently added to your AzcPay account, either by you or from payments you receive. If you have more than one AzcPay account, we may set off a negative AzcPay balance in one AzcPay account against a AzcPay balance in your other AzcPay account(s). If you continue using your AzcPay account when it has a negative balance, you authorize AzcPay to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.

In addition to the above, if you have a past due amount owed to AzcPay or one of our affiliates, AzcPay may debit your AzcPay account to pay any amounts that are past due. This includes amounts owed by using our various products, such as Autozlinks.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we'll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.

Assumption of rights

If AzcPay invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that AzcPay assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in AzcPay's discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnity -

At our request, you agree to defend, indemnify, and hold harmless AzcPay, its affiliates and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or wilful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Limitation of liability

AzcPay's liability is limited with respect to your AzcPay account and your use of the AzcPay services.

 

In no event shall AzcPay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the AzcPay services) operated by us or on our behalf, any of the AzcPay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, AzcPay is not liable, and you agree not to hold AzcPay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AzcPay services) or any of the AzcPay services; (2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AzcPay services), and any of the AzcPay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AzcPay services), any of the AzcPay services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AzcPay services), any of the AzcPay services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your AzcPay account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or AzcPay's policies.

Disclaimer of Warranty and Release

No warranty

The AzcPay services are provided "as-is" and without any representation or warranty, whether express, implied or statutory. AzcPay specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

AzcPay does not have any control over the products or services provided by sellers who accept AzcPay as a payment method, and AzcPay cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. AzcPay does not guarantee continuous, uninterrupted or secure access to any part of the AzcPay services, and operation of our websites, software, or systems operated by us or on our behalf (including any networks and servers used to provide any of the AzcPay services) may be interfered with by numerous factors outside of our control. AzcPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and cheque issuances are processed in a timely manner but AzcPay makes no representations or warranties regarding the amount of time needed to complete processing because the AzcPay services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country/region to country/region.

Release of AzcPay

If you have a dispute with any other AzcPay account holder, you release AzcPay from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Disputes with AzcPay

Contact AzcPay First

If a dispute arises between you and AzcPay, acting as either a buyer or a seller, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and AzcPay regarding the services may be reported to AzcPay support Service.

Arbitration

For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms, you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. As used in this Section, "we" and "us" mean AzcPay and its affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Services or these Terms if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.

We and you shall use all reasonable endeavours to resolve amicably and in good faith any dispute arising out of or in connection with this Agreement. In the event that we and you are unable to reach a resolution, we and you shall mutually agree on the appointment of a sole arbitrator within fourteen (14) Business Days from when the dispute arises. Where we and you are unable to agree on the appointment of the Arbitrator, such sole arbitrator shall be appointed by the President, the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch (CIARb Nigeria) on the application of either party.

The venue of the arbitration shall be Lagos State, Nigeria and the language to be used in the arbitral proceedings shall be English. We and you agree that the decision of the Arbitrator shall be final and binding on both of us.

Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in court in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the jurisdiction of the court for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

Intellectual property

Unless otherwise stated, AzcPay and/or its licensors own the intellectual property rights and materials on the AzcPay App and website. We do not grant you any right, licence, title, or interest in any of our intellectual property rights, which you may or may not have access to.

AzcPay Acceptable use Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of AzcPay's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. Violation of this Acceptable Use Policy constitutes a violation of your AzcPayUser Agreement and may subject you to damages, including liquidated damages of 1millon Naira  per violation, which may be debited directly from your AzcPay account(s). 

Prohibited Activities

You may not use the AzcPay service for activities that:

1. violate any law, statute, ordinance or regulation.

2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.

3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g)involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.

4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

5. relate to transactions involving any activity that requires pre-approval without having obtained said approval.

Activities Requiring Approval

AzcPay requires pre-approval to accept payments for certain services as detailed in the chart below.

Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to AzcPay immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, or wish to file a report, you can contact support@azcpay.com .