Terms & Conditions

Last updated: January 4, 2024

Introduction

These Terms and Conditions ("Terms") presented on this webpage constitute a legal agreement between you, a prospective customer of Payline services, and Payline Financial Technology Limited ("Payline," "we," "our," or "us"). These Terms shall govern your access to and use of Payline’s services, encompassing all pages within the Payline website, mobile applications, and other products and services collectively referred to as the "Services." By engaging with any of the Services, you explicitly acknowledge and accept all the terms and conditions outlined herein without limitation or qualification. Ensure thorough understanding before agreeing to be bound by these Terms, including our Privacy Notice. If you object to any provision in these Terms, refrain from using any of the Services.

Who We Are and Company Information

We are Payline Financial Technology Limited, located at No 4 John Street idumota Island and registered under the laws of the Federal Republic of Nigeria. PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE AGREEING TO BE BOUND BY THEM.

Governing Language

The governing language for these terms and all communication between Payline and you will be the English language.

Who May Use Our Services?

Usage of the Services is permitted only if you agree to establish a binding contract with Payline and are not barred from receiving services under the laws of the applicable jurisdiction. If you accept these Terms and use the Services on behalf of a company, business, or organization, you affirm that you are authorized to do so.

Age Restriction

Our website and Services target individuals aged 18 and above. You may only use the Services if you are 18 years or older. We do not knowingly engage individuals under the age of 18.

Intellectual Property

Unless explicitly stated otherwise, Payline and/or its licensors retain the intellectual property rights and materials on the website, subject to the license below. All content, including text, formatting, graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials on the website ("Content") are subject to the intellectual property rights of Payline, its affiliates, and their licensors and licensees. No right, license, title, or interest in any intellectual property rights is granted to you. Content may not be copied, reverse-engineered, decompiled, disassembled, modified, or reposted to other websites. Nothing on the Payline website should be construed as granting any license or right to use any trademark displayed without the written permission of Payline or the relevant third party.

License to Use Our Website

We grant you a non-assignable, non-exclusive, and revocable license to use the software provided as part of our Services as permitted by these Terms. This license includes all updates, upgrades, new versions, and replacement software for use with our Services. The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. These Terms do not grant you the right to use the Payline name or any of Payline’s trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to the Services are and will remain the exclusive property of Payline and its licensors. Failure to comply with the provisions may render you liable for all resulting damages suffered by you, Payline, and third parties. You agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or attempt to create source code derived from the software unless provided otherwise by applicable law. Any feedback, comments, or suggestions provided to us regarding our Services are entirely voluntary, and we are free to use such feedback, comments, or suggestions as we see fit without any obligation to you.

Information Security and Warranty Disclaimer

PAYLINE WILL STRIVE TO MAINTAIN THE AVAILABILITY OF THE WEBSITE AND ENSURE IT IS BUG-FREE. HOWEVER, USAGE IS AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY, WE MAKE NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR REMAIN FREE FROM INTERRUPTIONS, BUGS, INACCURACIES, AND ERRORS. USE OF OUR SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OUR WEBSITE OR SERVICES, CREATES ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED. TO USE OUR SERVICES, YOU MUST ENABLE 2 FACTOR AUTHENTICATION (2FA) AS AN ADDITIONAL LAYER OF PROTECTION. PAYLINE BEARS NO LIABILITY FOR LOSS OR RISK INCURRED IF YOU DO NOT ENABLE 2FA. You are responsible for configuring your information technology, computer programs, and platform to access our Services. Please use virus protection software, as we cannot guarantee that our Services will be free from viruses or bugs. You must not attempt unauthorized access to our Services, computers, or databases. Misuse of our Services by introducing trojans, viruses, or other malicious or technologically harmful materials is prohibited.

Limitation of Liability

YOUR USE OF THE PAYLINE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYLINE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF PAYLINE’S WEBSITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES; THUS, THE ABOVE DISCLAIMERS MAY NOT APPLY IN THEIR ENTIRETY. HOWEVER, THEY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby indemnify Payline and agree to keep Payline, its staff, and affiliates indemnified against any losses, damages, costs, liabilities, and expenses (including reasonable legal fees and expenses) arising from any breach by you of these Terms or any claim asserting a breach by you. You will indemnify and hold Payline harmless from any claim, suit, or proceedings brought against Payline arising from or in connection with violations of intellectual property or other rights of third parties related to your use of the Services.

Breach of these Terms

Without prejudice to Payline’s other rights under these Terms, if you breach these Terms in any way, Payline may take appropriate action to deal with the breach. This includes suspending your access to the website, prohibiting your access, blocking computers using your IP address, contacting your internet service provider, and bringing court proceedings against you.

Cookies

Similar to other websites, we use cookies to identify you as a user and enhance our Services. A cookie is a small data file transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, visit frequency, and timestamps. Please refer to our Cookies Notice for more details. Some browsers may automatically accept cookies, while others can be configured to decline cookies or notify you when a website attempts to place a cookie on your computer. Disabling cookies may limit your ability to use our website.

Data Privacy and Protection

Payline prioritizes the privacy of individuals using Payline Services. Committed to compliance with the Payment Card Industry Data Security Standard (PCI/DSS), we adhere to Data Protection Laws, including the Nigeria Data Protection Act 2023 and applicable regulations. Payline maintains a Privacy Notice outlining Personal Information collection and processing. By using Payline Services, you consent to such processing and affirm the accuracy of provided information.

Governing Law

These Terms are governed by the Laws of the Federal Republic of Nigeria. By using our Services, you submit to the non-exclusive jurisdiction of the Courts located in Nigeria for dispute resolution.

Termination

You can terminate your agreement with Payline by discontinuing the use of Payline Services. Payline reserves the right to suspend or terminate Services for reasons including breach of these Terms, fraudulent activities, or impersonation. Upon termination, your right to use Payline Services or the platform will cease immediately.

Prohibited and Requiring Pre-Approval Sub-Merchant Types

Sub-merchants Requiring Pre-Approval:

Payline refrains from soliciting or entering agreements with merchants or sub-merchants in certain categories or engaging in specific activities without pre-approval. These include:


      1. Cryptocurrency.
      2. Sub-merchants with anticipated % of International Card Sales exceeding 20% of total sales.
      3. Marketplaces facilitating online purchases.
      4. Crowd Sourced Fundraising (excluding fundraising for stock or equity).
      5. Dating services.
      6. Internet/Mail Order Pharmacies.
      7. Lotteries.
      8. Money Transfer, Wire Transfers, Money Orders, Transmitters (excluding registered and licensed Money Service Business or Money Transfer Operator).
      9. Age Restricted products or services.
      10. Personal Enhancement Products and/or Nutraceuticals.
      11. Sports Betting, sports forecasting, or odds making with a monetary or material value prize or award.
      12. Investment or Brokerage services, including the purchase of securities or Crypto.
      13. Lending services, debt repayment, or collections.
      14. Buy Now, Pay Later Services or other installment loan services.
      15. Insurance services, whether as a direct underwriter, agent, or broker.
      16. Digital Wallets, Cryptocurrency, Non-Fungible Token (NFTs), or Prepaid Card Companies.
      17. Neobanks or other FinTechs partnering with licensed financial institutions to offer banking or financial
    services.
      18. Businesses facilitating Money Transfer Services or other remittances.
      19. Travel services such as Airlines, Cruises, Timeshare, Tour Operators, Travel Agency Services, Hotels and
    Resorts.
      20. Prepaid Phone Cards and SIM Cards.
      21. Stored Value Services offered as a resale or on behalf of another party.
      22. Governmental agencies including Embassies, Consulates, and Governmental Services.
      23. Shipping Forwarding Services or Drop Shippers.
      24. Cannabis products or services including dispensaries, delivery services, CBD/THC products.
      25. Tobacco products, including e-Cigarettes.
      26. NGO / Charities.
      27. Internet gambling.
      28. Payment Facilitators (unless Registered & Licensed).

Prohibited Sub-Merchants

Payline abstains from soliciting or entering agreements with merchants or sub-merchants engaged in certain prohibited categories or activities. These include:


  • 1. Products, services, or activities deceptive, unfair, predatory, or prohibited by one or more Card Brands.
  • 2. Merchants selling goods or services violating any law, statute, or regulation.
  • 3. Merchants selling products infringing on intellectual property rights of others.
  • 4. Unauthorized sale of brand name or designer products or services.
  • 5. Accepting a card as payment for a dishonored check or uncollectible item.
  • 6. Accepting a card at a scrip-dispensing terminal.
  • 7. Adult entertainment and/or adult content websites.
  • 8. Bestiality.
  • 9. Brand or reputational damaging activities including Child Pornography, Escort services, Mail Order Brides, Prostitution, Massage Parlours, Occult.
  • 10. Digital Wallet, Cryptocurrency, or Prepaid Companies.
  • 11. Drug Paraphernalia.
  • 12. Firearms, weapons, ammunition, gunpowder, fireworks, and other explosive substances.
  • 13. Research chemicals, peptides, and other toxic, flammable, or radioactive materials.
  • 14. Investment or "get rich quick" merchants, businesses, or programs.
  • 15. Marijuana dispensaries and related products or services.
  • 16. Multi-Level Marketing Businesses.
  • 17. "Negative option" marketing, renewal, or continuity subscription practices.
  • 18. Pawn Shops.
  • 19. Pseudo Pharmaceuticals.
  • 20. Psychics and "occult" businesses.
  • 21. Quasi-Cash or Stored Value.
  • 22. Substances designed to mimic illegal drugs.
  • 23. Transacting Virtual Currency or credits convertible to goods or services.
  • 24. Identification Providing Services.
  • 25. Business, content, services, or behavior promoting unlawful violence, harm, discrimination, or hate.
  • 26. Predatory financial services.
  • 27. Pornography or other adult audience products or services.
  • 28. Bail Bond Services, Bankruptcy Lawyers, or Law Firms collecting funds for non-legal services.
  • 29. In-person gambling, sweepstakes, contests, or fantasy sports leagues.
  • 30. Bidding fee auctions.
  • 31. Using Payline’s card not-present checkout flow as a virtual POS terminal for in-person transactions.
  • 32. Currency Exchange Services.
  • 33. Any unlawful activities/items or encouragement of the same.

Changes to Payline Terms of Use

Payline reserves the right to change, revise, or modify these Terms by updating this page. Changes will not be retroactive, and the most current version will govern our relationship with you. We will endeavor to notify you of material changes via email or service notification. By continuing to use our Services after changes become effective, you agree to be bound by the revised Terms.

General

These Terms supersede and extinguish all previous agreements between you and Payline, whether written or oral, relating to their subject matter. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and remaining provisions will remain in effect. Failure to enforce any right or provision will not be deemed a waiver.

Complaints

For any complaints about us and our Services, contact us at support@payline.co