Terms of Use

Last Update: July 17, 2023

These are the terms and conditions of use (referred to here as the “Terms of Use”) that govern the use of:

  • to PayContactless Merchant Portal
  • PayContactless Organization Portal
  • Prophius and PayContactless Website (Collectively known as “our website”).

Please read them carefully because they form a legal agreement between you and us in relation to access and use of our website.

  1. Who we are

Prophius (“we”, or “us”, or “our”), are a Payment Service Provider. We provide online and In-person Payment Solutions and enable merchants and individuals to make payments in a clean, secure and seamless manner.

  1. What these terms are about

These terms apply to your use of our website. By accessing our website, you agree to these terms. If you do not agree with them, you should not access our website.

We reserve the right to change these terms from time to time without giving you notice, so it is your sole responsibility to check these terms every time you visit our website. By accessing our website after changes are made to these terms you agree to the revised terms.

  1. Using our website‍

We are pleased to provide our website for your use albeit in an acceptable way. What constitutes acceptable use is not exhaustive, but in general, we will not tolerate the use of our website in any way that damages or is likely to damage our reputation, the availability or the integrity of our website or which causes or threatens to cause us liability of any kind.

Below are some examples of acceptable and unacceptable use.

You may only use our website for lawful purposes. For example, you must not use our website:

  • in any way that breaches any applicable local, national, or international law or regulation.
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • to send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam); or
  • to transmit any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our website; or
  • access without authority, interfere with, damage, or disrupt our website, or any related equipment, network, or software.

‍

  1. Information on our website

We take steps to ensure that all information we provide on our website about our products and services are correct and complete at the time of the last update to the relevant page, but we do not promise that it will be correct and complete.

We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely.

From time to time, we may restrict access to some or all parts of our website. We will try to ensure that our website is always available to you but we must be realistic and so we do not promise that our website will be continuously available. We also do not promise that your use of our website will be uninterrupted or error-free, or that our website and server will be free from attack (e.g., from viruses). We recommend that you use your own appropriate virus-checking software.

  1. Website Links

You are allowed to establish links to our website in so far as you obtain our written consent in advance. We reserve the right to withdraw our consent at any time. Links must only be made to the home page of our website, and you are not allowed (and you shall not assist others) to set up links from your own website to our website by deep-linking, framing or otherwise, without our prior written consent. We may withhold our consent if we wish. If we do so, we will try to explain our reasons to you. Our website may include links that allow you to leave our website and visit third-party websites. We have no control over those websites, so we are not responsible for the content, use by you or availability of those third-party websites, for any products or services you buy through those websites or for the treatment of any personal information you provide to the third party.

  1. Intellectual Property Rights

All text, graphics, user interface, visual interfaces, pictures, trademarks, logos, sounds and computer code (collectively referred to as “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement and enhancement of such content, on our website is protected by copyright and is owned by us or our licensors. All rights are reserved. We retain the exclusive right to authorise or prohibit the direct or indirect, temporary, or permanent reproduction of our website by any means and in any form, in whole or in part, and to make our website available to the public, and to distribute any copyright protected material in our website. You agree not to copy, adapt, alter, or create any derivative work from any material on our website, or to restrict or inhibit the use or enjoyment of our website by anyone else.

You may not use our marks, and/or any third-party trademarks that appear on our website, other than as permitted by express written licence from the licensor or by law. In particular, but without limit, you may not use the marks as meta-tags and you may not sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to us. Please notify us immediately if you become aware of any infringement of the marks.

We may grant you express permissions relating to use of material on our website from time to time but except where we do so, nothing in these terms or on our website confers any licence or right to use any material on our website without the prior written approval of the owner, whether that is us or our licensors.

  1. Accounts, Passwords and Security

Certain areas of our website may be reserved for registered users. Additional terms may apply to those areas, such as specific acceptable use policies relating to licence terms of any specialised products or services which are available only to registered users. If you are a registered user, please make sure any information you provide to us is up-to-date and accurate. You are entirely responsible for maintaining the security and privacy of the information of your user registration, including your password and for the use made of your account, whether or not it is used by you or with your authority. You may not transfer any rights we grant you as a registered user to anyone else.

You agree to notify us immediately of any unauthorized use and always ensure you close your browser at the end of each session.

  1. Cookies

We use cookies on our website (which are small text files which allow our website to “remember” who you are). Further information about cookies, how we use them to store and access information about you and how you can choose to reject cookies can be found in our Cookie Policy.

  1. Personal Information

Our website includes areas where you are requested to provide information about yourself. Any personal data you provide to us through our website shall be subject to the terms of our Privacy Policy which also forms part of these terms.

  1. Liability

We strive to ensure our website and the material on it meets the standards we have promised and that you can use our website as intended in relation to your business. However, because of the nature of our website and the wide range of information, products, and services we provide, sometimes things may go wrong. If we are at fault, we will always try to resolve any problems we have caused, but unfortunately, we will not compensate you for any loss or damage you might suffer (of any nature and however caused) in connection with:

  • our website; or
  • your use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it; or
  • the use of (or any inability to use) any interactive service on our website, whether the service is moderated or not.

Of course, this does not affect our liability for death or personal injury arising from our negligence or our liability for fraud (including fraudulent misrepresentation) in the unlikely event that this should happen, or any other liability that we are not allowed to limit or exclude by law.

‍

  1. Miscellaneous

If any of the provisions in these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable in whole or in part, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these    Terms of Use shall remain in full force and effect.

Our failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver of any provision or any right we have to enforce these Terms of Use, neither shall any course of conduct between Prophius. and you or any other party be deemed to modify any provision of these Terms of Use. We reserve the right to exercise those rights or remedies in the future.

These terms and the use of our website and its content shall be governed by and construed in all respects in accordance with the laws of the Federal Republic of Nigeria. We and you agree that the Nigerian courts shall have exclusive jurisdiction to settle any claims or proceedings relating to these terms or their subject matter.

‍

Feedback and Information

Any feedback you provide about our website shall be deemed to be non-confidential and we shall be free to use such information on an unrestricted basis.

‍