We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
Alternative Recipient shall mean any individual or corporate entity, connected or related to the Buyer, that receives item(s) purchased by the Buyer at point of delivery using the AtaraPay application.
Broker shall mean any individual or corporate entity that acts as an intermediary between buyer and Seller for a commission with the aid of Website or Mobile App operated by AtaraPay or its partner merchants.
Broker Buyer shall mean any individual or corporate entity that makes payment into the AtaraPay escrow account using the AtaraPay payment option on Website or Mobile App operated by AtaraPay or its partner merchants.
Cash Handling Fees shall mean fees payable by Buyer to AtaraPay for enabling cash payment into the Escrow Account at AtaraPay’s Walk-In Centres. The fee is ₦0.50 per ₦100. Please visit http://www.atarapay.com/pricing for pricing details
Delivery Window shall mean the amount of time the Buyer and Seller have agreed (at the time of initiating the Transaction) it will take to deliver the Item to the Buyer or the Buyer’s representative, failing which payment made to escrow by Buyer will be automatically returned to the Buyer.
Dispatcher shall mean any individual or corporate entity, represented by the Seller at point of delivery, that delivers item(s) purchased by the Buyer at point of delivery using the AtaraPay application.
Escrow Account shall mean the bank account where the funds deposited by the Buyer is kept.
Escrow Fees shall mean fees payable by Seller or Buyer to AtaraPay for providing the escrow service. The fees are 1.5% of the total product sum with a minimum value of ₦100 and cap of ₦2,000. For P2P Escrow Transactions, the minimum value is ₦750 while the cap is ₦200,000. Please visit http://www.atarapay.com/pricing for pricing details
Escrow Funds shall mean the funds kept in the Escrow Account.
Inter-Bank Fees shall mean fees payable from the Escrow Account to the Nigerian Inter-Bank Settlement System (NIBSS) for enabling online payment between the bank accounts belonging to AtaraPay and the Users involved in the Transaction. The fee is ₦52.50 per transfer between AtaraPay’s account and other accounts domiciled in a bank different from AtaraPay’s but free for accounts domiciled in same bank as AtaraPay. AtaraPay currently operates its Escrow Account with Stanbic IBTC bank. Please visit http://www.atarapay.com/pricing for pricing details
Item or Items shall mean any merchandise that is to be bought or sold on Website or Mobile App operated by AtaraPay or its partner merchants.
Marketplace Admin shall mean an individual or corporate entity that processes Transactions on behalf of an E-Commerce Marketplace.
Partner Merchant shall mean any individual or corporate entity that includes AtaraPay as payment option on their eCommerce portal through Application Programming Interface (API) integration to AtaraPay’s online systems
Person to Person (P2P) Escrow Transactions shall mean transactions created by Users via the AtaraPay website
Seller shall mean any individual or corporate entity that sells Items using Website or Mobile App operated by AtaraPay or its partner merchants.
The AtaraPay Application or App or System shall all mean AtaraPay suites of application comprised of hardware and software
Transaction shall mean the commencement of the act of buying and selling by the Broker, Buyer or Seller using Website or Mobile App operated by AtaraPay or its partner merchants. Transactions are created by User via our partner merchants’ ecommerce portal or via AtaraPay’s website.
User shall mean either Buyer, Seller or Broker
USSD/ SMS shall mean technology used by Users to create a P2P escrow transaction or Users, Dispatcher and Alternative Recipient to indicate acceptance or rejection of items being delivered at point of delivery.
Walk- In Centres shall mean a physical location where Users can complete Transactions and make payments using cash or POS.
Online Transaction Fees shall mean fees payable by Buyer or from the Escrow Account to the payment gateway provider for enabling online payment on our platform. The fees are 1.5% of the total sum being transferred plus ₦100. ₦100 fee is waived for transactions under ₦2500. Local transactions fees are capped at ₦2000. For international transactions, the fees are 3.9% of the total sum being transferred plus ₦100. ₦100 fee is waived for transactions under ₦2500. Please visit http://www.atarapay.com/pricing for pricing details
The service being offered on this platform is intended to allow Buyers, Sellers or Brokers initiate Transactions. For each Transaction initiated by a User, the Buyer is required to deposit funds into an Escrow Account which is managed by AtaraPay in partnership with trusted 3rd parties whom are licenced by the Central Bank of Nigeria. The Seller is thereafter notified of the deposit and the Seller is required to initiate delivery to the Buyer. We are thereafter required to release the Escrow Funds to the Seller once the Buyer accepts delivery.
The Buyer shall be required to either register directly on our website, via any e-Commerce website linked to our Service, via USSD/ SMS or via our Mobile App. The Buyer shall provide, at a minimum, the following information via all channels mentioned above: Contact Name, Mobile Number, Email Address, Password (for web login), PIN (for mobile login).
If User initiates a P2P Transaction, the Buyer is required to agree to the Escrow terms created by the Seller or Broker via their account on the AtaraPay System in order to commence the Transaction.
The Seller shall be required to register on our website only and provide us with the following information: Business Name (optional), Business Address (optional), Business Email Address (optional), Contact Name, Contact Phone No, Contact Email address, Password (for web login), PIN (for mobile app login), Site URL (optional) and Bank Verification Number.
The Seller agrees that the Bank Verification Number (BVN) will be used for verification purposes. The first attempt by us to verify Seller’s identity shall be free of charge while we shall charge the sum of One Hundred Naira (N100) for each subsequent attempt.
If User initiates a P2P Transaction, the Seller is required to agree to the Escrow terms created by the Buyer or Broker via their account on the AtaraPay System before Buyer makes payment.
The Broker is required to register on our website or on our mobile App and provide us with the following information: Business Name (optional), Business Address (optional), Business Email Address (optional), Contact Name, Contact Phone No, Contact Email address, Password (for web login), PIN (for mobile app login), Site URL (optional) and Bank Verification Number.
The Broker agrees that the Bank Verification Number (BVN) will be used for verification purposes. The first attempt by us to verify Broker’s identity shall be free of charge while we shall charge the sum of One Hundred Naira (N100) for each subsequent attempt.
The Broker is required to agree on a commission between the Buyer and Seller and reflect same in the form created on the web page at the time of initiating a P2P Escrow Transaction.
The Broker hereby authorises us to credit payments for commission into an account Broker has designated or debit charges associated with Brokers obligations. Broker is required to provide us with as much information as is required to enable us facilitate a P2P Escrow Transaction between the Buyer and Seller. Broker acknowledges and agrees that any transfer of Escrow Funds for a Transaction will be authorised solely by the Buyer and Seller in accordance with the provisions of this Agreement.
IN A BROKER/BUYER/SELLER TRANSACTION BROKER, SELLER AND BUYER MUST AGREE TO THE TRANSACTION BEFORE BUYER MAKES PAYMENT.
If Broker initiates a P2P Transaction, the Seller, Buyer and Broker are required to agree to the Escrow terms created by the Broker via their account on the AtaraPay System before Buyer makes payment.
The Marketplace Admin shall be required to register on our website only and provide us with the following information: Business Name, Business Address, Business Email Address (optional), Contact Name, Contact Phone No, Contact Email address, Password (for web login), PIN (for mobile app login), Site URL and Bank Verification Number.
The Marketplace Admin agrees that the Bank Verification Number (BVN) will be used for verification purposes. The first attempt by us to verify Seller’s identity shall be free of charge while we shall charge the sum of One Hundred Naira (N100) for each subsequent attempt.
On a successful login to our website, the Marketplace Admin shall ensure that the Marketplace registers its delivery men and provides the following information of the delivery men: Contact Name, Contact Phone No, Contact Email Address (optional), Password (for web login), PIN (for mobile app login).
We are only obligated to perform those services expressly described in this Agreement and in the Escrow Instructions for a Transaction. In performing our obligations, we will not be liable to any User for theft, damages or losses of any items during the Transaction, or expenses, except those based on gross negligence or willful misconduct on our part. We will not incur any liability for (i) any act or failure to act made or omitted in good faith or (ii) any action taken or omitted in reliance on any instrument, including any written statement or affidavit provided for in this Agreement that we in good faith believe to be genuine, nor will we be liable or responsible for forgeries, fraud, impersonations, or determining the scope of any representative authority, provided that we believed, in good faith, that such forgeries, fraud, or impersonations were genuine and acted without gross negligence or willful misconduct. We may consult with legal counsel in connection with our duties under this Agreement and will be fully protected in any act taken, suffered, or permitted by it in good faith and in accordance with the advice of counsel. We are not responsible for determining and verifying the authority of any person acting or purporting to act on behalf of any party to a Transaction, including a User’s Broker or financial institution.
To access some features of our Website, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, phone number, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via email at [email protected]. We will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Users shall not use the Services for any illegal purposes whatsoever.
AtaraPay grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AtaraPay. This license does not include any resale or commercial use of this website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AtaraPay. You agree not to bypass any security or other features of this website designed to control the manner in which the website is used, harvest or mine content from the website, or otherwise access or use the website in a manner inconsistent with individual human use. You agree not to decipher, reverse engineer, decompile or disassemble the website, or the software used to provide the website, in whole or in part, or authorize, direct, or cause a third party to do so. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AtaraPay and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing AtaraPay’s name or trademarks without the express written consent of AtaraPay. Any unauthorized use terminates the permission or license granted by AtaraPay. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of AtaraPay so long as the link does not portray AtaraPay, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AtaraPay’s logo or other proprietary graphic or trademark as part of the link without express written permission.
We may change the form and functionality of our service from time to time without giving you prior notice. We retain the right to create limits on and related to use of our website at our sole discretion at any time with or without notice. We may also impose limits on certain services or aspects of those services or restrict your access to parts or all of the services without notice or liability. We may change, suspend, or discontinue any or all of the services at any time, including the availability of any product, feature, database.
We charge fees and expenses for services provided in connection with all Transactions on Website or Mobile App operated by AtaraPay or its partner merchants. These fees include, without limitation, third-party service fees that may include, Online Transaction Fees , Interbank Fees and Cash Handling Fees.
You agree that we reserve the right to change our fees from time to time. Any changes will be communicated to you in advance with respect to fees or charges related to your account. We will however not change the fees or charges related to a specific Transaction.
We accept all major payment methods, which include cash, debit/credit cards, bank transfer, mobile payments and USSD (Payment Method). If you provide a debit/credit card or other payment method accepted by us in connection with a Transaction, you expressly agree that we are authorized to charge you the fee corresponding to the terms of your Transaction, any other fees for additional services that you purchase, and any applicable taxes in connection with your use of the Services.
If we are unable to complete a Transaction for any reason, we will notify all Users participating in the Transaction of such cancellation by sending an email to the email address provided by the User. You agree to send us an email as soon as possible, but no later than seventy-two (72) hours after you become aware of any error or issue relating to a Transaction.
You acknowledge and agree that your agreement with your financial institution or applicable laws may limit your ability to transmit or receive funds in the amount or time limits required for a Transaction. Accordingly, we are not responsible for delays in delivery or payments for Transactions due to post times, banking service times, transmission errors, or errors in information provided by you or other Users.
When you visit our website, use our Mobile App including USSD/ SMS or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.
Confidential Information shall include any and all information in whatever form whether disclosed orally or in writing or whether eye readable, machine readable that is shared between the Users of Website or Mobile App operated by AtaraPay or its partner merchants. You agree to maintain Confidential Information in strict confidence, not to divulge the Confidential Information to any third party and in addition not to communicate, indicate or suggest to any third party the existence of the Confidential Information.
Our website, and the media and materials contained on our website, including all intellectual property rights in the Website, are the sole and exclusive property of AtaraPay.
All content included on our website such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software is the property of AtaraPay or its content suppliers and protected by Copyright Laws. The compilation of all content on this website is the exclusive property of AtaraPay.
In the event of any dispute, claim, question, disagreement or breach arising from or relating to a Transaction, Buyer or Seller (the parties) hereby agree to raise the dispute on the AtaraPay portal.
AtaraPay Dispute Managers will mediate with the purpose of reaching an amicable resolution (Mediation Period). If no resolution is reached within three (3) days of the Mediation Period, the Parties are required to reach an amicable settlement by themselves (Negotiation Period). If the Parties have not resolved the dispute within 14 days from the end of the Negotiation Period, then the matter shall be resolved through Arbitration in accordance with the Arbitration and Conciliation Act (CAP A18 Laws of the Federation of Nigeria 2004) by a single arbitrator appointed in accordance with the said Act. The Arbitration award shall be final and binding upon the parties and judgment upon the award tendered may be entered in any court having jurisdiction. The Arbitration shall hold in Lagos State, Nigeria.
If AtaraPay does not receive proof that the dispute has gone to Arbitration 14 days after the Negotiation Period, AtaraPay is authorised to release the funds from the Escrow account to the Buyer less Escrow, Inter-bank and Online Transaction fees.
The parties to each transaction hereby agree, jointly and severally, to indemnify and hold us harmless against any and all third-party thefts, losses, claims, damages and liabilities, including reasonable costs of investigation, attorneys’ fees, and disbursements that may be imposed on us or incurred by us in connection with the performance of our duties under this agreement, including, but not limited to, any litigation arising from this agreement or involving its subject matter, unless such loss, liability, claim or expense shall have been determined by an arbitrator or a court of competent jurisdiction to be a result of our gross negligence or willful misconduct.
Our website may contain links to websites maintained by third parties. Please be aware that these links are provided for your convenience and reference only. We do no operate or control in any respect any information, software, product or services available on such websites. The inclusion of a link to a third-party website does not in any way imply an endorsement of the services or of that website, its contents, or its sponsoring organization.
The waiver by either you or AtaraPay of any breach of any provision of this Agreement does not waive any other breach. The failure of any party to this Agreement to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under this Agreement is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
Your access to and use of the Services or our website is at your own sole risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, AtaraPay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no representations or warranties of any kind with respect to the Website or the Services, including any representation or warranty that the use of the Services or the Website will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data; meet your requirements or expectations; be free from errors or that defects will be corrected, or; be free of viruses or other harmful components. We also make no representations or warranties of any kind with respect to any Items sold or disposed of using our Services; diligence on any other User or any Property is solely your responsibility. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein. We are not responsible for any representations, warranties, or guaranties made by any other User of our Website or the Services. In no event will we be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third-party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service, any payment or clearing house system, or for any circumstances beyond our control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
Any disputes arising out of or related to the use of Website or Mobile App operated by AtaraPay or its partner merchants shall be governed by the Laws of Federal Republic of Nigeria without regard to conflict of law rules.
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