Terms of Use

What's in these terms?

These terms tell you the framework for using our site.

Who we are and how to contact us

CyberPay.net.ng is a site (the “site”) operated by CyberPay Limited, its Affiliates and/or subsidiaries ("We", “us” and “our”). We are registered in the Federal Republic of Nigeria, with RC No. 1525168, duly licensed by the Central Bank of Nigeria, and have our principal office at No 33, Saka Tinubu Street, Victoria Island, Lagos State, Nigeria.

To contact us, please email customersupport@cyberpay,net.ng

By using our site, you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. These terms shall be applicable to all applications offered by Cyberpay under the name and style of “OneKard” including the website, APIs, software applications and/or payment platforms (the “Platform”).

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

What Service Do I Have Access To On Your Platform?

You may create a user account on our Platform. This account allows you to hold electronic money, which shall be equivalent to the fiat (cash) currency represented against your account (e.g. 1 electronic money represented in Naira, shall be equal to 1 Nigerian Naira). Your account is a 'virtual' account that holds your e-money. Your account may also hold e-money in different currencies at the same time, as may be allowed within the Platform.

Using The Value In Your Account

With the monetary value in your account, you will be able to utilize the following features:

  1. Payments – Make local payments to merchants for goods and services using the OneKard wallet and the debit card linked to the wallet
  2. Split Payments – Make split payments between bank accounts
  3. Request payments - Request funds from app and non-app users
  4. Domestic transfers - P2P transfers between app and non-app users are permissible
  5. Account management – Utilize our dashboard which displays an overview of total funds in all user accounts, manage portfolio and gain insights into user spending and transactions history.


Who May Use Our Services?

In order to use our services, you must be above the age of 18. We may request documentation to certify your age at the time of creating a user account with us. We do not knowingly directly engage with people younger than the age of 18.

Your Obligations

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform —subject to the Terms and the following restrictions in particular:

  1. Responsibility to provide accurate information: You warrant that all information you provided to us in connection with your access to and use of the Platform is true, accurate, and complete to the best of your knowledge and belief.
  2. Follow the law and our policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not violate any of Cyberpay’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
  3. Respect the rights of others: You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy.
  4. Respect the property of others: Do not distribute software viruses or any other programs designed to interfere with (i) the proper function of any software, hardware, or equipment on the Platform or (ii) the use of the Platform by any other User.
  5. Do not engage in activities that affect the functioning of the Platform: You must not bypass any measures that we have put in place to secure the Platform, take actions to gain unauthorized access to any system, data, passwords, or other Cyberpay or User information or services, reverse engineer or take part in any aspect of the Services to access any underlying information on the Platform.
  6. Fees: There are no fees for creating a user account on the Platform. You will, however, be responsible for any service charges deducted as a result of the services used on the Platform.
  7. Fraud: You shall not use the Platform or any of the Cyberpay services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction
  8. Not to violate any of the Terms: We reserve the right to terminate, suspend, or take any other action related to your use of the Platform or Services. You may not access the Platform or services if we have prohibited you from doing so.
  9. Right of Use: We grant you the right to use this Application only for your personal and/or business use on the electronic devices that you own or control as permitted by any terms of use required by such electronic devices.
  10. Duty of Care: You accept responsibility for creating and safeguarding your password that keeps your account and banking details secure and agree that there are risk attached to the use of an online financial system and accept full responsibility for any account breaches that may occur through your action and/or inaction.


There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy and as contained in the Privacy Policy, which sets out information about the cookies on our site.


If you purchase or subscribe to products or services or perform transactions or payments from/through our site, our terms and conditions of service delivery/provision will apply.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products and services, our user’s needs and our business priorities, and or other stakeholders’ preferences.

We may suspend or withdraw our site

Our site is made available and accessible “as is”, on a limited, conditional, and non-exclusive basis, which can be revoked at any time.

We do not guarantee, represent and or warrant that our site, or any content, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through you are aware of these terms of use and other applicable terms and conditions and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organization. We will try to tell you in writing if this happens.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at customersupport@cyberpay.net.ng

How you may use material on our site

We are the owner or the licensee of all intellectual property on our site and in the material published on it. Those works are protected by intellectual property rights laws and treaties around the world. Nothing in theseTerms gives you a right to use the Cyberpay or Onekard name or any of the trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of Cyberpay and its partners and/or licensors. All such rights are reserved.

You may print off one copy and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. This is without prejudice to any other rights or remedies available in law, contractually, or in equity.

You undertake, warrant, and covenant not to use the site in the following manner:

  • to harass, abuse or threaten others or otherwise violate any person's legal rights;
  • to perpetrate fraud, financial or other financial/illicit crime;
  • breach any of our other policies;
  • to create or transmit unnecessary spam to any person or URL;
  • to post, transmit or cause to be posted or transmitted, any communication or solicitation designed to obtain password, account, or private information of other users or persons
  • to post copyrighted content that does not belong to you and without obtaining the prior consent of the author;
  • to use a robot, spider, scraper, or other automated means to access this site without our prior and express written consent;
  • to engage in or create any unlawful gambling, sweepstakes, or scheme;
  • publishing or distributing any obscene or defamatory material;
  • using this site in any way that impacts user access to the site;
  • to engage in the advertisement or solicit any user to buy or sell products or services without our prior and express written consent;
  • disseminating computer viruses/bugs or other software;
  • violating our intellectual property rights or any third party;
  • to reverse engineer or permit the reverse engineering or disassemble of any code or software from or on the site or our services; and
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • not to violate the security of the site by or through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host or user, or network.
  • to use the site for illegal spam activities.


No text or data mining, or web scraping

You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping about our site or any services provided via, or about, our site. This includes using (or permitting, authorizing, or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated devices, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard.

This site its content and any services provided about the same are only targeted to and intended for use by, persons located in the Federal Republic of Nigeria and such other jurisdiction in which we operate (each, a Permitted Territory). By continuing to access, view, or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue the use of this site and any related content and services.

Do not rely on the information on this site

The content on our site is provided for general information or commercial purposes (as duly agreed with you in writing). It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

System Outages And Maintenance

The Platform may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Platform or services are unavailable, or if you lose any data or information for any reason.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including bulletin boards and or chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at customersupport@cyberpay.net.ng

Disclaimer

  • The content on our site is provided on an “as is” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  • We do not warrant or make any representations concerning the accuracy, completeness, likely results, or reliability of the use of the content on the site or otherwise relating to such content or on any link or third-party content to the site.
  • We disclaim all implied or express conditions, warranties, representations, or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • Access, navigate, or visit our site;
  • use of, or inability to use our site; and or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for and in no event will we be liable for, including the following:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill, or reputation; or
  • any indirect or consequential loss or damage.
  • You agree not to use our site for any commercial or business purposes, except otherwise designated by us, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


Indemnity

You hereby agree to fully indemnify and hold us harmless from and against any claims brought by a third party resulting from the use of our site and or the Services or the provision of content to us by you and in respect of all costs, actions, losses, claims, proceedings, damages, expenses (including reasonable legal costs and expenses), or liabilities whatsoever suffered or incurred directly or indirectly by us in consequence of such use of this site and the services or provision of content or your breach or non-observance of any of these Terms and conditions.

How we may use your personal information

We will only use your personal information as set out in our privacy policy or data privacy policy and related policies as issued from time to time.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy

You warrant and represent that any such contribution which does comply with those standards, you will be liable to us and fully indemnify us for any breach of that warranty or representation. This means you will be responsible for any liability, claims, cost, loss, and or damage we suffer or are likely to suffer as a result of your breach of warranty, representation, or breach of this policy. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a non-limited, unconditional and exclusive license to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their right to privacy and or regulators.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload, insert or post content to our site, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, non-revocable, unlimited, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the site and across different media including promoting the site or the service for other users, partners or advertisers.
  • a worldwide, non-exclusive, non-revocable, unlimited, royalty-free, transferable license for other users, partners, or advertisers to use the content for their purposes or in accordance with the functionality of the site.


We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs, and platform to access our site. You should use your virus protection software.

You must not misuse our site by introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair, legal and as agreed with us in writing, provided such does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our site on any site that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The site/platform to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of the content on our site other than that set out above, please contact info@cyberpay.net.ng

Breach of this policy

When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach, upon which you are permitted to use, navigate, access, or visit our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to navigate visit, use or access our site.
  • Immediate, temporary or permanent removal of any content uploaded by you (directly or indirectly) to our site.
  • Issue a warning to you.
  • Legal proceedings against you for reimbursement of all costs, liabilities, damages, and or claims on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.


We exclude our liability for all actions we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Transfer of this Contract

We can transfer our rights and obligations under these terms to any third party.

Which country's laws apply to this Policy?

Please note that these terms of use, their subject matter, and their formation (and any non-contractual disputes or claims), are governed by the laws of the Federal Republic of Nigeria. You and we both agree to use all reasonable endeavors to settle any dispute or difference of opinion between them, arising from or in connection with this policy amicably through mutual discussion. However, if such cannot be amicably resolved between the Parties within ninety (90) business days after the occurrence of such dispute, we and or you may refer such dispute to mediation upon giving the other party 15 (fifteen) days written notice. The dispute will be submitted to and decided by Mediation at the Lagos Multidoor Courthouse.