Terms of Use

1. Definitions

The following definitions relate to these Terms and Conditions:

1. "Account" is an electronic stored value account on avivpay created for use by the customer or Instant Money Providers (IMPs). Credits, debits, and charges are applied to this account. The account is primarily accessed through your mobile phone and the avivpay mobile app.
2. "IMPs" refers to any party or device, including authorized avivpay IMPs, Merchants, ATMs, connected kiosks, and bank tellers that facilitate avivpay transactions on behalf of customers.
3. "ATM" means automated teller machine.
4. "Content" means all information whether textual, visual, audio, or otherwise, appearing on or available through the services.
5. "Credit" means the movement of funds into an account.
6. "Debit" means the movement of funds out of an account.
7. "IVR" stands for Interactive Voice Response system, the automated phone line that allows a computer to recognize voice and keypad inputs.
8. "Linked bank account" refers to the bank account that you have linked to your avivpay account. This allows you to carry out withdrawals from your avivpay account.
9. "Merchant" means a seller of goods and or services who will accept avivpay as payment for these goods and or services.
10. "Mobile Payments" describes the service or process that allows customers to make and receive a variety of payments using their mobile phone, among other channels. This service is available as part of avivpay.
11. "Mobile phone" means a GSM or CDMA device that can make and receive telephone calls and send and receive SMS, among other communication options.
12. "avivpay" refers to the Geo-location financial services products offered by KYRIARCHIA SYSTEMS LTD, with a central feature being a transactional account(s) that may be used in relation to a wide variety of services.
13. "avivpay" is a trademarked product of KYRIARCHIA SYSTEMS LTD, a company registered under the laws of the Federal Republic of Nigeria.
14. "PIN" means personal identification number being the secret code you choose for secure use of (and access to) your avivpay account.
15. "Products" refer to avivpay products, including person-to-person money transfers, bill payments, airtime top-ups, and avivpay retail payment services.
16. "Registered phone number" refers to any phone number that has been registered on avivpay.
17. "Services" any products and services provided to the customer as part of avivpay.
18. "SMS" or "Short Message Service" is a standard communication service on GSM phones that is used to exchange short text messages between mobile devices.
19. "USSD" or "Unstructured Supplementary Service Data" is a real-time messaging channel accessed from a mobile phone and allows users to interact with avivpay.

2. The avivpay Offering

1. avivpay is a trademarked product by KYRIARCHIA SYSTEMS LTD and designed to allow you to:
   1. Sign up as a customer/user and IMP
   2. Receiving access to our broad set of products and features within avivpay.
   3. Credit an avivpay account with cash by
      1. Depositing at our IMP locations;
      2. Transferring funds into avivpay from a bank account; or
      3. Receiving money into avivpay from another avivpay customer.
      4. Depositing money at any of our collections banks or IMPs.
   4. Pay or transfer money to another party for personal reasons or as payment for physical or virtual goods or services already received or to be received in the future.
   5. Receive money from another party for personal reasons or as payment for physical or virtual goods or services already provided or to be provided in the future.
   6. Perform a cash withdrawal at any of our IMP locations.
2. No interest will be paid on the balance in your avivpay account.
3. Amounts loaded into an avivpay account will be available for transactions immediately after it clears.
4. These terms and conditions apply to all channels through which transactions may be carried out on avivpay, including SMS; IVR; Online/ Internet; Online/Mobile phone application; USSD; and avivpay IMP network.

3. Opening an avivpay Account

1. We strongly recommend that minors obtain consent from their parents or guardians before joining avivpay, providing information to any third party or sending any information about themselves to anyone over any channel.
2. In order to sign up to join avivpay, an active GSM or CDMA mobile phone subscription on any supported mobile network is required.
3. Users and IMPs are limited to only one (1) avivpay account per phone number and email address.
4. To set up your account, avivpay requires your personal details including your name and phone number. You must provide complete and accurate information.
5. In the process of verifying your identity, avivpay has the sole discretion to refuse any account opening application for any number of reasons.

4. Transacting

1. You may access the available funds in your account at any time using any of the channels you choose, including your mobile phone and the Internet. While we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services "as is" and without any warranties.
2. All payments will be processed in Nigerian local currency i.e. Naira (NGN).
3. Each transaction will be identified by a unique Transaction ID which is used to track and identify all transactions carried out on the avivpay network. This number is important for a variety of uses, including dispute resolution.
4. avivpay will send you a message to notify you of all transactions effected on your avivpay account or performed by an IMP; this message may be sent via SMS, email, or another available channel.
5. You must authorize your transactions with your transaction PIN, which was created by you at the point of registration, or by such other method as we may prescribe from time to time.
6. To manage your money safely, there may be limits on your account. You can increase or reduce these limits by contacting Customer Services.
7. Your account will be credited with any deposits made into it, and the credit will be available for transactions immediately after they are cleared.
8. We will verify and confirm any record of a deposit into your account. Our records will be taken as correct unless the contrary is proved.
9. avivpay, acting reasonably and in accordance with regulations set by the Central Bank of Nigeria may adopt and vary limits on accounts and transactions at any time, and any variations will be notified to customers.

5. Fees, Charges, and Payment Terms

1. While most transactions on avivpay are free to the customer, some transactions do carry a fee. We reserve the sole discretion to revise the fee schedule from time to time.
2. When you initiate and confirm a transaction with your transaction PIN on avivpay, you agree to be bound by it and pay for that transaction. Do not commit to a transaction unless you are ready to pay and have checked that all provided information is accurate, as all completed transactions are final.
3. When you make a payment on avivpay, you authorize us to charge the full amount and any charges related to that transaction to the funding source you designate for the transaction. If your payment results in an overdraft or other fee from a related party, liability for such fees or penalties will rest solely on you.
4. To prevent financial loss or possible violations of the law, avivpay reserves the right to use its discretion in disclosing details of any payments associated with you with funding source issuers, law enforcement agencies, or impacted third parties. Such disclosures will originate from an order of any competent court with jurisdiction to compel such a disclosure.

6. Merchant Transactions

1. When making a payment to a merchant on avivpay, you will be required to confirm the transaction. At this time you may also be requested to enter your PIN via IVR to accept the transaction. By entering your PIN to confirm the transaction you agree and confirm that you authorised the transaction. You cannot directly reverse or cancel any payment once it has been approved by you.
2. Whenever there is a dispute between a user and an IMP or a merchant, avivpay reserves the right to withhold any amount involved until the dispute is amicably resolved.

7. avivpay Online Services

1. You are responsible for protecting your smartphone or computer against viruses. We are not liable for any breach or compromise of your avivpay account details that may originate from such viruses or attacks.

8. Security and Unauthorized Use

1. When signing up for an avivpay account, you will be prompted to create a unique Personal Identity Number (PIN), username, and password and provide answers to one or more security questions of your choosing. You are responsible for the safekeeping and proper use of these security data.
2. You are responsible for all transactions that take place on your account with your PIN and you indemnify avivpay against any claims made in respect of such transactions.
3. If at any time you believe or discover that your PIN has been stolen or compromised, you should immediately update/change your PIN or contact our Customer Services immediately. We will place your account on hold to prevent any transactions from being carried out as soon as we reasonably can. You will remain responsible for all transactions that occur until your PIN is changed or the account is put on hold.

9. Statements and Transaction Records

1. You may request a record of transactions on your account at any time either via your mobile phone, online, or from an avivpay field office. Unless otherwise noted at the time of request, all records of transactions will be provided free of charge, subject to SMS or network charges.
2. You must inform us within 30 days of the date of any transaction if you think such a record of transactions is inaccurate. Should you fail to do this within this timeframe, it will be interpreted as you waiving the right to dispute any transactions reflected on the statement or to recover any losses from unauthorized transactions reflected in the statement.

10. Suspension and Closure of Accounts

1. We may suspend, restrict, or terminate the provision of our services (in whole or in part) and or close your account without any liability whatsoever under the following circumstances:
   1. Upon receiving a request from you at any time, we will close your account.
   2. If you notify us that your phone has been lost or stolen or your PIN has been compromised, we will suspend your account at your request.
   3. If in any way we know or suspect your account is being used fraudulently, negligently, or for illegal activities, or if we must do so to comply with the law, we may close your account, restrict activity on your account or suspend access to your account.
   4. If we believe that you are in breach of these terms and conditions and you are trying to compromise our systems or you are unreasonably interfering with any services provided by us, or for any other purposes in the protection of our interests, we may close your account.
   5. When you enter the incorrect PIN on three (3) consecutive occasions, we will lock your access to avivpay for (24 hours).
   6. If your avivpay account remains unused and has a zero balance for a period of 6 months, avivpay may suspend or close the account after giving 30 days' prior notice via SMS or email.
2. We will not be responsible to you for any direct, indirect, consequential, or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict, or statute if we close or suspend your account in accordance with this Clause 10.

11. Notices

1. The physical address, email address, or telephone number you supply during sign-up are regarded as the preferred channels via which notices may be given and documents in legal proceedings may be served. You must notify us immediately should your physical, postal, email address, or mobile phone number change.
2. We are entitled to send information to you via SMS and email to the registered phone number and email associated with your account and as amended from time to time.
3. We are entitled to send any notice to an email address specified on your account. This clause pertains to customers who have accessed and used avivpay mobile application.
4. Any correspondence that we send to you by courier or post will be considered to have arrived within seven (7) days of sending and any correspondence that we send to you by email or SMS will be considered to have arrived on the day that it was sent to you unless the contrary is proved.
5. You should send any legal notice to us by post to our address:2, James Orugbo Close, Chevy View Estate, Chevron Drive, Lagos, Nigeria

12. Privacy Policy

1. When you sign up for avivpay you will be required to provide us with your name, email, gender, and birth date, among other information. In some cases, we may ask for additional information for security reasons or to provide specific services to you.
2. When you use avivpay from a computer, mobile phone, or other device, we may collect information from that device regarding your browser type, location, and IP address, as well as the pages you visit for security purposes.
3. We may retain the details of transactions or payments you make via avivpay after the transaction is completed. This information will only be made available to third parties if required by law. However, we commit to keeping all your personal information, including your funding source details safe.
4. You agree that your information, including your personal information, your telephone conversations with our Customer Services, and your transactions may be recorded and stored for record-keeping purposes for up to 5 years from the date of closure of the account.
5. We use server firewalls and encryption to keep your account information safe during transmission and storage. We also use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior. We may limit the use of avivpay features in response to possible signs of abuse, and may suspend or disable accounts for violations of our customer terms and conditions.
6. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you.

13. Disputes and Reversals

1. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, to enable us to take prompt action to help prevent (further) financial loss.
2. All claims against avivpayS related to payments, should be made within thirty (30) 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.
3. You agree to indemnify us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by avivpayS (including costs and related expenses) caused by or arising from payments that you authorized or accepted.
4. 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 a transaction is as a payment platform.
5. We may intervene in disputes between users concerning payments but have no obligation to do so.
6. The transaction ID and transaction details will be required to resolve all disputes

14. General

1. WE TRY TO KEEP avivpay AVAILABLE AT ALL TIMES, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING avivpay "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. avivpay IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND IMPS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
2. We may at any time amend these terms and conditions by notice published on the avivpay website, and at avivpay field offices. Any amendment will not constitute a negation of these Terms and Conditions.
3. You are responsible for your connection to the mobile phone networks, the Internet, and all costs associated with these same connections.
4. We are not responsible for any loss arising from any failure, malfunction, or delay in any mobile phone networks, mobile phones, ATMs, the Internet or terminals, or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.
5. We may allocate any money received from you or held on your behalf to settle any outstanding balance on your account.
6. All copyright, trademarks, and other intellectual property rights used as part of our services or contained on our websites, documents, or other materials are owned by avivpay or its licensors. You agree that you acquire no rights thereto.
7. You acknowledge and agree that these Terms and Conditions are governed by Nigerian law and any breach of these Terms and Conditions will be considered as having taken place in Nigeria.
8. The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of these Terms and Conditions. Any dispute or differences arising out of the construction, interpretation, or performance of the obligations created under this relationship that cannot be settled amicably within one (1) month after receipt by a party of the other party's request for such amicable settlement may be referred to a single arbitrator to be appointed in accordance with the Arbitration and Conciliation Act. Cap. A18, Laws of Federation of Nigeria 2004. The place of arbitration shall be in Lagos, Nigeria and the language of the arbitration shall be English language.