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.autospend.ai/privacy. You are also required to read our Merchant Service Agreement.
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
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.
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.
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 .
The governing language of this Agreement and all communication between Collect and you will be the English language.
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.
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.
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.
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.
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.
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.
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.
You may not use Collect in connection with any product, service, transaction, or activity that:
Account creation and verification for certain industries are restricted to registered businesses or company such as:
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
This agreement will continue until you or we end it in the ways set out below
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.
We may suspend, restrict or stop your use of Collect where:
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.
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.
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.
You can get in touch with us by emailing us at [email protected] 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 [email protected].
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.