TERMS AND CONDITIONS

1. GENERAL DEFINITIONS

The expressions listed below have the respective meaning set out against them in this Agreement:

• "Acceptable Use": describes Services that are accepted to be used on the Platform and excludes illegal, harmful, immoral or offensive use of the Service.
• "Data": means any data, files, messages, account, phone number, or other personally identifiable information irrespective of the form it is stored on the System, either directly or indirectly by, and on behalf of the User of the Service.
• "KYC": means Know-Your-Customer.
• "Platform/Site/Wallet": means this PocketMoni Platform or Wallet for transactions.
• "Service/product": refers to virtual products and services such as airtime, mobile data, internet subscriptions, bill payments, stocks/shares and cable Television subscriptions as sold or otherwise promoted using the Platform.
• "Transaction": means the User’s funding of Wallet Account and payment using either Wallet or Cards for Products/Services.
• "Transaction Fee": means the amount charged by eTranzact per transaction done on the Platform. It also includes the fees paid for Merchant’s Services.
• "User": means the individual accessing or using the Service, or the company, or other legal entity on whose behalf the service is accessed. The term User can be used interchangeably as “You”.
• "Wallet": refers to an electronic stored value account created for use by registered Users for Credits, debits and charges as are applied for the purpose of Transactions only on the Platform.

2. USER’S RESPONSIBILITIES AND UNDERTAKINGS

The User agrees and undertakes that, You shall:

• use the Services in accordance with acceptable use as prescribed under this Terms and Conditions.
• open a Wallet Account on the Platform for the purpose of effecting Transactions from any Merchant under the Platform.
• not use the Platform in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• not access or use the Service in a manner that uses technology or other means to access, duplicate, truncate, and extract value for Services without payment.

3. WALLET CREATION AND MANAGEMENT

• To use the Service, You shall create an Account and be assigned a Wallet for effecting Transactions subject to You providing all required KYC (including BVN, NIN) documentation.
• Users are at liberty to set up Wallet Account and share with others through a sub-Wallet creation.
• The Wallet which is managed by Users may be funded via any channels of payment, but shall be used exclusively for purposes of purchasing products and services from Merchants on the Platform.
• Withdrawal of funds shall be prohibited from the Wallet. However, the User may make request via the contact information under the Platform for Wallet closure or fund transfer as we shall direct.
• Where there is a suspicion of any fraudulent transactions on any Account/Wallet, we reserve the right to cancel the Service and/or suspend the Account/Wallet.

4. TRANSACTION FEE AND CHARGES

• The Service is subject to Transaction Fee as prescribed by the Merchant for Products/Services, other Service fee, and applicable Value Added Tax (VAT) to be included to the value of purchase.
• The User shall receive a notification at the point of payment of the total charges applicable for the intended Product/Service.
• The Transaction Fee is subject to change at any time at Our sole discretion and in line with any Merchant’s Fee review.

5. NO WARRANTIES

As a User, you expressly agree that the Platform is provided on "as is" and "as available" basis.

Use of the Platform and any reliance upon the Platform, including any action taken for such use or reliance, is at Your sole risk.

eTranzact and all PocketMoni affiliates neither warrant that the use of the Platform and the service will be uninterrupted or error-free, nor make any warranty as to the results that may be obtained from use of the same, especially on the availability of the Merchants’ Products/Services.

We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

No statement or information, whether oral or written, obtained from us in any means or fashion shall create any warranty not expressly and explicitly set forth in these terms.

6. LIMITATION OF LIABILITY

Under no circumstances will eTranzact be liable whether in contract, negligence, tort, by way of indemnity or any consequential or indirect loss or damage however caused, arising from Services provided on the Platform.

Notwithstanding the foregoing, the liability of eTranzact (if any) to the User shall be limited to any fees charged for rendering the Service to the User.

No liability shall be raised against eTranzact more than One (1) year after the accrual of the cause of such liability. It is further agreed that the limitations on liability, expressed herein, shall inure to the benefit of and apply to all parents (both direct and indirect), subsidiaries and affiliates of eTranzact.

eTranzact will not be liable for the actions or inactions of any Third-Party not acting on its instruction.

7. USER’S INDEMNITY

eTranzact shall be entitled, upon receiving notification from Merchants and without any requirement or any obligation to obtain any further proof thereof, to deduct against the Wallet, any payment accruing to the Merchant for the Services rendered to the User.

The User hereby indemnify eTranzact and undertakes to keep eTranzact indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by eTranzact to a third party in settlement of a claim) incurred or suffered by eTranzact arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.

8. INTELLECTUAL PROPERTY

These terms and conditions constitute an agreement for Services and access to the Platform, except, as expressly set forth herein, the User is not granted a license to any software, and nothing on the Platform shall be construed to confer, grant or license any intellectual property rights, whether by implication, or otherwise.

You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms, found at or through the Platform or any software, documentation, or data related to the Platform; remove any proprietary notices or labels from the Website or Service or any Software; modify, translate, or create derivative works based on the Platform or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform or any Software.

9. VARIATION

eTranzact may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Platform from the date of the publication of the new version. It is Your responsibility to check this page regularly to ensure You are familiar with the current version.

10. ASSIGNMENT

eTranzact may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying the User or obtaining User’s consent. The User may not transfer, sub-contract or otherwise deal with his/her rights and/or obligations under these terms and conditions.

11. PRIVACY STATEMENT

All personal information provided via this Platform, including the Wallet/Account information, Transaction details and other personal data used to procure services on the Platform will be handled in accordance with the Site’s Privacy Policy (insert PP link).

12. ENTIRE AGREEMENT

These terms and conditions, together with eTranzact’s Privacy Policy; constitute the entire agreement between the User and eTranzact in relation to Your use of the Platform, and supersedes all previous agreements or expectations pertaining to the use of the Platform.

13. LAW/DISPUTE RESOLUTION

The laws of the Federal Republic of Nigeria govern this terms and conditions and any dispute arising in the use of the Platform. The User agrees to first seek to resolve the dispute informally by contacting eTranzact. Where negotiation fails within 14 days, the dispute shall be referred to arbitration to be conducted by a sole Arbitrator appointed by the Institute of Chartered Arbitrators of Nigeria. The arbitral Award shall be final and each Party shall bear their cost of arbitration.

14. TERMINATION/SERVICE DISCONTINUANCE

eTranzact reserves the right to modify, revise, suspend or discontinue any User on this Platform in whole or in part, either temporarily or permanently for breach of the terms and conditions without any notice. Where the User wishes to discontinue the use of the Service or close Your Wallet, You shall notify eTranzact via the dedicated channel with not less than 7 days’ notice of such discontinuance. The User shall further comply with any instructions or information required by eTranzact for the management of any funds in the Wallet.