The Regulation defines Personal Data as “any information relating to an identified or identifiable natural person (‘Data Subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; It can be anything from a name, address, a photo, an email address, bank details, posts on social networking websites, medical information, and other unique identifier such as but not limited to MAC address, IP address, IMEI number, IMSI number, SIM and others”.

These Terms and Conditions of Use apply to all users of the Platform without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. By visiting our Platform, you agree to be bound by the following Terms and Conditions of Use (“Terms /Terms of Service”), including the additional terms and conditions and policies referenced herein. If you do not agree to all the Terms then you may not access the Platform or make use of any of our services.

We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms, you represent that you are at least of the age of consent in Nigeria.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws of Nigeria (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

You understand that your personal information (not including credit card information), may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or our services without express written permission by us.

Registration of Account

To use any Touch & Pay service, you must first register by providing your full name or corporate name, e-mail address, pin code, password, and affirm your acceptance of these Terms.

Identity Verification

In order to use certain features of the Platform, you may be required to provide us with personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, bank verification number and information regarding your bank account (e.g., financial institution and account number). By submitting these or any other personal information as may be required, you confirm that the information provided is accurate and authentic, and you agree to update Touch & Pay if any information changes.

You hereby authorise Touch & Pay to, directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take any action we reasonably deem necessary based on the results of such inquiries and reports. You further authorise any third parties to which such inquiries or requests may be directed to respond to such inquiries or requests fully.

You are to select a username, pin code and a password, which are subject to the approval of Touch & Pay. You agree that you are solely responsible for preserving the confidentiality of your username, pin code and your password and all activities and charges related to the use of your password, including unauthorized use. You agree not to furnish your username, password or other information to any other party for use of the Platform. You agree to notify Touch & Pay immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Platform. You are solely responsible for access to, use of and/or reliance on any your content. You are responsible for any content and transactions that you post or transmit through your account, and you are also responsible for all content posted or transactions transmitted through or by use of your account.

Touch & Pay will process the transaction according to the instructions received from its users.

We shall not be liable for any information made available on the Platform which is inaccurate, incomplete or not current. The Platform may contain certain historical information which is provided for your reference only.

Touch & Pay securely stores all keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a digital transaction in accordance with your instructions, which may delay the initiation or processing of such transaction for 48 hours or more.

General

All intellectual property rights in the services any documentation relating to the services, and all titles, will remain the property of Touch & Pay and/or its licensors.

Ownership of Data

Title to, and all intellectual property rights in the data you provide will remain your property. Your access to this information is contingent on payment in full of all access fees to Touch & Pay by their due dates. By accepting these Terms you are granting Touch & Pay permission to use, copy, transmit, store, and back up your information and data to ensure your access and use of the services, and for any other purpose related to the provision of services to you.

Data Backup

Touch & Pay adheres to its best practice policies and procedures to prevent any loss of data, however there can be no guarantee that no loss of data will occur. Touch & Pay expressly excludes any liability for the loss of data no matter how caused. Touch & Pay assumes that you maintain copies, or back-ups, of all data inputted into the service.

Third-party Applications and your Data

You acknowledge that by enabling third-party applications for use in conjunction with the services, you are allowing Touch & Pay to provide access of your data to those third-parties as required. Touch & Pay shall not be responsible for any disclosure, modification or deletion of your data resulting from any such third-party access.

Certain content and services available via our Platform may include materials from third-parties.

Links on the Platform may direct you to third-party platforms that are not affiliated with Touch & Pay. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for third-party materials or platforms, or any other products, or services of third-parties.

We are not liable for any harm or damages related to the services, resources, content, or any other transactions made in connection with any third-party platform. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries, tips, submissions etc.) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use such comments in any medium. We are and shall be under no obligation to

1. maintain any comment in confidence;
2. pay compensation for any comments;
3. respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

All confidential information obtained in connection with these terms, must be preserved. No confidential information will be disclosed or made available to any person, or used for benefit, other than as contemplated by these terms, without the prior written consent of the other.

Each party’s obligations under this clause will survive termination of these terms.

These provisions shall not apply to any information which is or becomes public knowledge other than by a breach of this clause; is received from a third party who acquires it legally and is under no disclosure restrictions; is independently developed without access to the confidential information

Our Privacy Policy, available at our policies page governs your submission of personal information through the store.

Occasionally, there may be information on our Platform that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any of such information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our Platform except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform has been modified or updated.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Platform or its content:

for any unlawful purpose;

to solicit others to

to violate any international, federal, or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related Touch & Pay platform;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Platform or any related Touch & Pay platform for violating any of the prohibited uses

We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.

You agree to indemnify, defend and hold harmless Touch and Pay Technology Ltd, and all its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms of Service but shall not affect the validity and enforceability of the other remaining provisions.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use any of our services, or when you cease using the Platform.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Platform (or any part thereof).

All obligations and liabilities incurred by you before the termination date shall survive the termination of this agreement for all purposes.

Any failure by us to exercise or enforce any right or provision contained in these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Platform constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

These Terms of Service shall be governed by and construed by the laws of the Federal Republic of Nigeria and shall be enforced therein.

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Platform. It is your responsibility to check our Touch & Pay platform periodically for changes. Your continued use of or access to our Platform or any of our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms and Conditions of Use should be sent to us at: hello@touchandpay.me