Terms and Conditions

This Agreement was updated on April 8, 2022. Please read our privacy policy. It explains how we’ll use your personal information and gives details about how we use cookies. The privacy policy is available at https://www.collect.africa/privacy. You are also required to read our Merchant Service Agreement.

INTRODUCTION

This Terms and Condition also referred to as, End-User Agreement ("this Agreement") is a legal agreement between Collect Payment Tech Limited. ("Collect", "we", "our" or "us") and the End-User of our Services ("you" or "your"). This Agreement describes the terms and conditions that apply and govern your access to and use of Collect services which include all pages within the Collect website, mobile applications, and other products and services (collectively referred to as the "Services"). You may not access or use the Services unless you agree to comply with all of the terms and conditions in this Agreement.

This Agreement applies in full force and effect to your use of the Services and by using any of the Services, you expressly accept all terms and conditions contained herein in full and without limitation or qualification, and subsequent amendment thereto, including our Privacy Policy and Merchant Service Agreement. You must not use any of the Services if you have any objection to any of these Terms.

PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE AGREEING TO BE BOUND BY ITS TERMS

ABOUT COLLECT

We are a third-party provider which enables businesses to accept one-off and recurring payments from their customers’ bank accounts, cards, or wallets. Our brand name is Collect and our company name is Collect Payment Tech Ltd.

ABOUT OUR SERVICE

We are a full omnichannel payment service provider for businesses in Africa that allows businesses and merchants to accept payments from their customers via multiple online and offline payment methods such as: payment web links, bank transfer, cards, direct debit, wallets, POS, QR and many more.

By using our services you hereby warrant that you are a business owner using our Services to receive payments from your customers. ‍

Processing Payments

We process payments just as any other payment provider by providing the interfaces, APIs and hardware necessary to complete the transaction. Collect will settle you instantly where it is available or T+1 for some other payment methods. “T” means transaction date. All fees are deducted from the settlement amount before depositing into your wallet . ‍

Governing Language

The governing language of this Agreement and all communication between Collect and you will be the English language. ‍

Who May Use Collect

You may use the Services only if you agree to form a binding contract with Collect and are not a person barred from receiving services under the applicable laws and regulations.

If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so. ‍

Age Restriction

Our website and services are directed to people from the ages of eighteen (18) years and above. You are only permitted to use the Services if you are aged eighteen (18) years or older. We do not knowingly engage people younger than the age of eighteen (18) years. ‍

When You Can Use Collect

While we want you to be able to use Collect whenever you want, occasionally repairs, updates, and maintenance on our systems may mean some or all of Collect Services may not be available for a while or may mean Collect Services is slow for a short time. If you suffer a loss because of this, we shall not be responsible for that loss. ‍

Verification Of Your Collect Account

In compliance with applicable laws and regulations, you shall be required to complete the KYC (Know Your Customer) form or questionnaire and have your identity, business, and bank account verified before we can pay any funds out to you. You shall be required to provide us with a range of documents and information to help us do this – for example, all your company details and key persons’ personal identification documents.

You hereby agree that we may share your information with third parties such as referencing agencies for the purpose of verification.

You agree that if you process any payments prior to the verification of your account, we may cancel or reverse any payments if we are unable to successfully verify your account.

You shall also provide us with the bank account details you want your funds sent to, and that account must meet the requirements provided by applicable laws and regulations. We are not obliged to offer any services to you, and our decision as to whether to do so is entirely ours.

Intellectual Property

Unless otherwise stated, Collect and/or its licensors own the intellectual property rights and materials on the website/Services subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Collect website/services and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website/Services are subject to the intellectual property rights of Collect and its affiliates and their licensors and licensees (collectively the “Content”). We do not grant you any right, license, title, or interest to any of our intellectual Property rights that you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembled, modified, or reposted to other websites. Nothing on the Collect website/Services should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Collect website/Services without the written permission of Collect such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

License to Use Our Services

We grant you a non-assignable, non-exclusive, and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions, and replacement software for you to use in connection with our services.

The services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Nothing in this Agreement gives you a right to use the Collect name or any of Collect’s trademarks, logos, domain names, and other distinctive brand features. All right, titles, and interests in and to the services are and will remain the exclusive property of Collect and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Collect, and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to you.

Information Security and Warranty Disclaimer

Collect will always ensure that the website/Services are available at all times and bug-free. However, our Services are used at your own risk.

We provide all materials “as is” with no warranty, express or implied, of any kind. We expressly disclaim any and all warranties and conditions, including any implied warranty or condition of merchantability, fitness for a particular purpose, availability, security, title, and non-infringement of intellectual property rights, without limiting the generality of the foregoing, Collect makes no warranty that our website and Services will meet your requirements or that our website/Services will remain free from any interruption, bugs, inaccuracies, and error-free.

Your use of our services is at your own risk and you alone will be responsible for any damage that results in loss of data or damage to your computer system. No advice or information, whether oral or written, obtained by you from our website or our Services will create any warranty or condition not expressly stated.

You are responsible for configuring your information technology, computer programs, and platform in order to access our Services. Please ensure you use your virus protection software or application as we cannot guarantee that our Services will be free from viruses or bugs.

You must not attempt to gain unauthorized access to our Services, computers, or databases. You must not misuse our Services by introducing trojans, viruses, or other materials which are malicious or technologically harmful.

You are responsible for the protection of your transaction PIN, password or security code and you shall not disclose these information to any third party. We shall not be liable for any loss or damage that arises as a result of such disclosure. Collect will never call or contact you by any means to ask for your transaction PIN, password or security code.

You also warrant that you shall be responsible for any act or loss that occurs from your authorization of any of your employees or agents or any other person to whom you allow the access to your account and dashboard or disclose your transaction PIN, password or security code to.

Businesses We Do not Support (Acceptable Use Policy)

You may not use Collect in connection with any product, service, transaction, or activity that:

  1. falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria
  2. relates to the sale and/or purchase of:
    • banned narcotics, steroids, certain controlled substances, or other products that present a risk to a consumer's safety;
    • blood, bodily fluids, or body parts;
    • burglary tools;
    • counterfeit items;
    • illegal drugs and drug paraphernalia;
    • fireworks, destructive devices, and explosives;
    • identity documents, government documents, personal financial records, or personal information (in any form, including mailing lists);
    • lottery tickets, sweepstakes entries, or slot machines without the required license;
    • offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
    • harmful chemicals;
    • recalled items;
    • prohibited services;
    • unlicensed financial services, stocks, or other securities;
    • stolen property;
    • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
    • sales of currency without BDC license, certain cryptocurrency operators;
    • obscene material or pornography;
    • certain sexually oriented materials or services;
    • certain firearms, firearm parts or accessories, ammunition, weapons or knives;
    • any product or service that is illegal or marketed or sold in such a way as to create liability to Collect; or
    • production of military and paramilitary wears and accouterment, including those of the Police and the Customs, Immigration and Prison Services.
  3. relate to transactions that:
    • show the personal information of third parties in violation of applicable law;
    • support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
    • 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;
    • pertain to ammunitions and arms; and
    • involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Collect and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Account creation and verification for certain industries are restricted to registered businesses or company such as:

  • financial services
  • lending services
  • betting
  • religious institutions
  • travel agencies
  • cooperatives

Actions By Collect

Collect in may(with or without notice to you) in our sole discretion, if we believe that you may have engaged in any violation of the Acceptable Use Policy, take such actions as we deem appropriate to mitigate risk to Collect and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

  • Blocking the settlement or completion of one or more payments;
  • Suspending, restricting, or terminating your access to and use of the Collect’s Services;
  • Terminating our business relationship with you, including termination without liability to Collect of any payment service agreement between you and Collect;
  • Taking legal action against you;
  • Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
  • Assessing against you any fees, penalties, assessments, or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

Does Collect Cost You Anything

We charge a fee for using Collect as a business, however, our service is free to your customers. Your bank may charge you fees in line with any terms you have agreed with your bank. We have no control over these fees.

What Happens If Something Goes Wrong

Although we will always try and give you the best service possible, we are not responsible for any loss or damage you suffer if we cannot perform our obligations under this agreement because of any:

  1. Legal or regulatory requirements; or
  2. Unforeseeable or unusual circumstances which are outside our (or our agents and/or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.

We will only be responsible for any loss or damage you suffer if it is a predictable outcome of us breaching this Agreement, or if we fail to protect your information and keep it secure as required by relevant law(s). We will also be responsible for any obligation we have breached if we cannot limit or exclude that obligation as a matter of law. If you think that a payment initiated through Collect was unauthorized or incorrectly executed, you must, as soon as possible not later than five days after the date of the transaction, contact us or the relevant bank from which the payment was made. We do not have any liability for any loss or damage arising from your use of Collect to the extent that another of your payment service providers is responsible for that loss or damage. If we are at fault in any way for the unauthorized or incorrectly executed transaction, we will deal with this directly with the relevant payment service provider without having to involve you.

Disputes and Reversal

If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us to take action to help prevent financial loss.

All claims against us related to payments should be made within seven (7) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment gateway.

We may intervene in disputes between users and merchants concerning payments but have no obligation to do so.

Your transaction ID and/or transaction details will be required to resolve all disputes.

Limitation of Liability

Your use of Collect’s Website and Services is at your own risk. You agree to the limited liability clause to the maximum extent permitted by applicable law: Collect will in no way be liable for any direct, indirect, incidental punitive, consequential, special, or exemplary damages or any damages including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption or any other intangible losses (whether Collect has been advised of the possibility of such damages or not) arising out of Collect’s website or Services (including, without limitation to inability to use, or arising from the result of the use of Collect’s website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on the scope and duration of such warranties, so the above disclaimers may not apply to you in their entireties, but will apply to the maximum extent permitted by applicable law.

Indemnification

You hereby indemnify Collect and undertake to keep Collect, its staff, and affiliates indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Collect harmless from and against any claim, suit, or proceeding brought against Collect arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.

Chargebacks

You may be assessed Chargebacks for: (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your Wallet. Where these amounts are not recoverable through your Wallet, you agree to pay all such amounts through any other means.

Data Protection

Collect recognizes the importance of protecting the privacy of those who visit and choose to use the Collect Services. Collect remains compliant with the Payment Card Industry Data Security Standard (PCI/DSS) requirement to the extent applicable. Please note that such requirements may be amended from time to time. With respect to all the personal information belonging to, and/or processed in connection with Collect or this website, such personal information at all times are in compliance with all Data Protection Laws in the territory, in all respect and in particular the Nigeria Data Protection Regulation 2019 and all applicable data protection regulation in force. Collect maintains a Privacy Policy which provides an overview of the personal information we collect about you or that you provide to us and how we store and use the information provided by you in line with applicable data protection legislation. By using the Collect Services, you consent to such processing and you commit to providing accurate information.

Cookies

Like many other websites, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date, and time of visits. Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.

How Can We Make Changes to This Agreement or to The API

We will let you know about any subsequent changes to this Agreement by email, online notifications, or any other appropriate messaging service. As long as we give you at least thirty (30) days’ notice in advance, we can:

  1. change any of these terms, including introducing or changing a charge, or withdrawing Collect; or
  2. end your use of Collect.

If we make any subsequent change to this Agreement that benefits you, we will simply notify you of this change at the time of the change. Your notice period will start from the date we let you know about the change.

We can change this agreement for a reason set out below. If we do change this agreement, the change we make will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us:


  1. to respond to a change, or a reasonably anticipated change, in regulatory requirements – for example, if the law changes or our service provider changes its rules or provides updated guidance;
  2. to reflect a change in the cost of providing Collect;
  3. to reflect changes we have made to Collect; or
  4. to do something that is to your advantage.

As this agreement has no fixed end date, we may also need to make changes to this agreement for other reasons that we cannot predict right now, but we will always explain the impact that change will have on you.

You do not have to accept any changes – you can always end this agreement without explanation or charge by telling us before the change comes into effect. You can also end this agreement at any time after we make the change, but the change will apply to you until you do. If you keep using Collect after the change is made, we will assume you’ve accepted the change.

We can update the API from time to time and may add or remove functionality. We'll give you notice in the event of material changes to, or removal of functionality from, the API.

How Can This Agreement End

This agreement will continue until you or we end it in the ways set out below

How Can You End Your Use Of Collect

You can end this agreement and your use of Collect at any time without explanation or charge by contacting us using the contact details set out in “How can you contact us?”.

You can also end this Agreement by deactivating your account.

How Can We End Your Use of Collect

We may suspend, restrict or stop your use of Collect where:

  1. You’ve seriously or repeatedly broken the terms of this agreement;
  2. We’ve reason to believe that you are engaging in, or facilitating, illegal activity;
  3. You’ve provided us with false or materially incomplete information;
  4. We could not successfully verify your account
  5. You’ve allowed someone else, including someone working for you who doesn't have an authorization, to use Collect to access your data or make payments;
  6. You’ve behaved improperly towards us (for example, you’ve been threatening, abusing, or harassing a member of staff);
  7. You’ve caused us to or may cause us to, break a law, regulation, code, or another requirement, obligation, or duty that applies to us; or
  8. There’s been, or we suspect there’s been, a breach of security or misuse of Collect or the API.

We can also end this agreement and your use of Collect at any time without giving you a reason by giving you at least 30 days’ notice.

GOVERNING LAW AND DISPUTE RESOLUTION

The validity, construction, and performance of this Agreement shall be governed by the laws of the Federal Republic of Nigeria.

The parties shall attempt in good faith to settle between themselves any and all disputes arising regarding the validity, interpretation, or application of this Agreement, or any other dispute arising from legal relationships resulting from this Agreement.

Any dispute arising out of this Terms of Use, which cannot be settled by mutual agreement/negotiation within one (1) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration.

This clause shall not preclude either Party from obtaining interim reliefs from a court or tribunal of competent jurisdiction pending the resolution by amicable settlement or other alternative dispute resolution forums.

Without prejudice to the right of any of the parties to this Agreement, the appropriate forum for settlement of dispute shall be Lagos, Nigeria.

General

This Agreement supersedes and extinguishes all previous agreements between you and Collect whether written or oral, relating to its subject matter.

In the event that any of the terms in this Agreement is held to be unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full effect.

Collect’s failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

HOW CAN YOU CONTACT COLLECT?

You can get in touch with us by emailing us at support@collect.africa or via our support line at 08137204023.

For chargeback claims or if you believe you have been scammed, you can contact us by emailing us at frauddesk@collect.africa.

HOW CAN WE CONTACT YOU?

If we need to contact you about Collect, we will usually do this via email.

We may also get in touch with you in any other way that is personal to you. This may include SMS, online notifications, or any other appropriate messaging service.

Please kindly notify us of any change of your personal details: name, email address, phone number or any other personal details/information, we can keep in touch.

We will not be liable or responsible for any damage or loss that occurs for you not getting any information or notices from us where you do not or fail to notify of any change in your personal details or information.