Terms of Service

The use of this Platform (Website and Services) implies that the User has read and accepted our Terms of Use. If you disagree with any part hereof, do not access the Platform.

1. About Us

Thepeer (“We”, “Us” or “Our”) is a team of resilient, forward-thinking and ambitious individuals who believe in enabling easier payments across businesses for you. We achieve this by building our easy-to-use solutions for customers and powerful APIs for developers to unite Africa, one business after the other.

We make the world of payments smaller by helping businesses communicate with one another. Thepeer combines the best technology framework that businesses use to improve their customer experience through building in-app payments to other businesses.

We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any User’s identity and cannot ensure that a buyer or seller will complete a transaction.

This Terms of Use is an agreement between you and Thepeer. It details our obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

2. Privacy policy

Thepeer is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.

3. Registration

To use our Platform, you have to create an Account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your Account unless deemed risky. You give us permission to do all these.

4. Change of information

In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within seven (7) days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us.

5. Age restriction

Our website and services are not directed to individuals under 18. We do not knowingly transact or provide any services to individuals under 18.

6. Representation and Warranties:

You represent and warrant to Thepeer that:

• You have full power and authority to enter into, execute, deliver and perform this Agreement;
• You are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.

7. Card Network Rules

Each card network has its own rules, regulations and guidelines. You are required to comply with all applicable Network Rules that are applicable to merchants. You can review portions of the Network Rules as made available by Mastercard, Visa, Verve and other payment cards. The Card Networks reserve the right to amend the Network Rules.

8. Customer Payment

You may only process payments when authorised to do so by your customer. We will only process transactions that have been authorised by the applicable Card Network or card issuer.

We do not guarantee or assume any liability for transactions authorised and completed that are later reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Thepeer may add or remove one or more payment types or networks at any time. If we do so we will use reasonable efforts to give you prior notice of the removal.

9. Our Fees & Pricing Schedule

You agree to pay us for the services we render as a payment gateway for your goods and services. Our Fees will be calculated as demonstrated on the Pricing page on our website. The Fees on our Pricing page are integral to and form part of this Agreement.

We reserve the right to revise our Fees. In the event that we revise our fees, we will notify you within 30 days of such change.

10. Security and Unauthorised Use

You are responsible for all transactions conducted using your computer (personal or otherwise), mobile phone, tablet or other electronic device (“Device”), payment card or account. It is your responsibility to keep all of these secure.

• All passwords must be kept secret. You are liable for all activities undertaken using your username, associated password or Device. You are responsible for maintaining the confidentiality of all Account information and keeping your Device from unauthorized use.
• We accept no liability for any unauthorized use of your Device, payment card or Account or any effects of the same.
• In the event your Device has been stolen or there is unauthorized access to your payment card or Account, it is your responsibility to immediately notify your bank to restrict transactions on your card and Account.
• In the event your Device has been stolen or there is unauthorized access to your Account, it is your responsibility to immediately log a complaint on/to support@thepeer.co.
• If you dispute any withdrawal on your card or Account, you will be required to prove that the transaction was effected without your authorization and such transaction will be investigated by our Fraud Team once we receive a logged ticket on any of our channels of communication.

11. Suspension of Access to Platform

We hereby reserve the right to suspend, restrict, or terminate your access to the Platform (in whole or in part) without any notice or liability in the following circumstances:

• Upon receipt of instructions from you to suspend or terminate your access to the Platform;
• Upon receipt of notification from you that your Device has been lost or stolen;
• If we suspect the Platform is being used for fraudulent or other illegal activities;
• If we are of the opinion that you have breached a provision contained in this Terms of Use; If we are of the opinion that continued access to the Platform will be detrimental to our business; or
• If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

12. Unacceptable Use

You shall not and shall not permit any person using your Device or account to:

• Use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
• Store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
• Conduct any fraudulent or illegal activities via the Platform;
• You hereby understand and agree that if a fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report to the appropriate law enforcement agencies.

13. Data Compliance

You agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (“PCI DSS Requirements”) and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and disclosure of user information. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.

We are responsible for the security and protection of Card Holder Data (“CHD”) we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that CHD is kept safe and secure on our servers, in compliance with the PCI DSS Requirements. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.

We acknowledge that you own all your customers’ data. You hereby grant Thepeer a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:

• providing and improving our services;
• internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data;
• complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and
• any other purpose for which consent has been provided by your customer.

14. Failed Transactions, Disputes & 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 24 hours 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 a 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.

15. Software License

We hereby grant you a revocable, non-exclusive, non-transferable license to use our APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the Thepeer’s services. If you do not comply with the documentation and any other requirements provided by Thepeer, then you will be liable for all resulting damages suffered by you, Thepeer and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.

16. Intellectual Property

Any use, reproduction, copying or distribution of one or more elements of the Services and Contents for any use other than private use is strictly forbidden.

All of the Services and Contents, including but not limited to, the domain name, texts, house style and graphic charter, graphs and diagrams, photography, drawings, sounds, images, audio and video clips, as well as the functionalities, structure, site plan, conception and organization of existing or future sections and headings, are covered by intellectual property rights, held or claimed by Thepeer, with the authorization of the holders of these rights.

The Contents and Services are exclusively intended for the personal information and use of the User for his/her private, non-collective, non-exclusive use.

All reproductions, representations and uses other than those listed above are forbidden without the prior and express authorization of Thepeer, including:

• Any adaptation, public availability whether by request or not, distribution or redistribution in whatever form, internet, public communication, free of charge or against payment, of all or part of the works, services or elements on the Website protected by or subject to protection by intellectual property;
• Any hypertext link, access, modification, addition, deletion, affecting the on-line publishing system and/or the conditions of publication and publication policy.

The User’s failure to meet these requirements constitutes an infringement of Thepeer’s intellectual property rights.

17. Disclaimer

We try to keep Thepeer available at all times, bug-free and safe, however, you use it at your own risk.

Our Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Thepeer makes no warranty that our Website and Services will meet your requirements or that our Website will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you through our Website or from Thepeer, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Thepeer parties") shall create any warranty.

18. Limitation of Liability

IN NO EVENT WILL ANY OF THE THEPEER PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR [...] UNITED STATES DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THEPEER’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THEPEER’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

19. Indemnity

You agree to indemnify Thepeer, and its subsidiaries, affiliates, officers, agents and employees for any loss, damages, liabilities, sanction, claims, suits, fines, charges, expenses due to or arising out of any transaction you process through the Platform.

You agree to indemnify Thepeer and its subsidiaries, affiliates, officers, agents and employees for any loss, damages, liabilities, sanction, claims, suits, fines, charges, expenses arising from your violation of this Terms of Use.

20. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Thepeer Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Thepeer’s Party's liability shall be the minimum permitted under such applicable law.

21. Termination

You may terminate this Agreement by closing your Account. We may suspend your Account and your access to our services and any funds, or terminate this Agreement, if;

• you do not comply with any of the provisions of this Agreement;
• we are required to do so by a Law;
• we are directed by a Card Network or issuing financial institution; or where a suspicious or fraudulent transaction occurs.

22. Updates, Modifications & Amendments

We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to Users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.

23. Applicable Law

This Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

24. Dispute Resolution and Arbitration

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation/mediation within 1 (one) 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 (Thepeer and the User), 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. Venue for the arbitration shall be Lagos, Nigeria.

25. Severability

If any portion of this Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.