1. INTRODUCTION

Please read the Terms carefully as these general Terms and Conditions ("Terms and Conditions" or "T&C") shall be valid for the use of the services provided by SAY POS Limited (a company duly registered under the laws of the Federal Republic of Nigeria, with company registration number RC 6884580).

1. These Terms and Conditions constitute a binding contract between you and SAY POS Limited.  If you do not accept the Terms, do not use the Website.

 

2. DEFINITION

In these Terms and Conditions, unless the context requires otherwise, the expressions have the following meaning:

 

2. SAY POS, We, Us or Our is SAY POS, operating under the brand name of SAY POS.
3. You, Your, or User is reference to any person using the Website or any of the services of SAY POS.
4. Website or Site is the website available at the URL www.saypos.shop and other related URLs.
5. User Information means the personal details, which may be provided by You to Us via our website.

 

3. AMENDING THE TERMS AND CONDITIONS

1. We may amend this Terms and Conditions from time to time for a number of reasons including (without limitation) commercial reasons, to comply with law or regulation, to comply with instructions, guidance or recommendations from regulatory bodies, or for customer service reasons (e.g. to keep up to date with any changes to the services).
2. If we make material changes to the Terms and Conditions, we will give you as much prior notice of such changes as is reasonably practicable but, in any event, customers will be notified of material changes before they come into effect. Material changes will be communicated to you via pop-up web and/or mobile messages when you log into your Account and/or by email. Your continued use of the Services after being notified of the material changes will be deemed to be your acceptance of the changes. If you do not agree to the changes, then you must not continue to use the Services.
3. The date on which each relevant document comprising the then-current Terms and Conditions came into (or will come into) force will be stated at the bottom of the relevant page(s).
4. These General Terms and Conditions apply to all Users of Our Site. By using and/or visiting any sections of Our website www.saypos.shop, you agree to be bound by Our Terms and Conditions.
5. The Terms and Conditions contained herein represent the complete, final, and exclusive agreement between the User and SAY POS, and supersedes any and all prior agreements, representations, understandings, and statements made by its agents and its employees.

 

4. ACCOUNT CREATION

1. There are areas of Our Website that requires registration details for the creation of an account. You may be asked to provide such registration details to create an account when You want to access those areas on Our Site. Users agree that to maintain the confidentiality of passwords or other registration details provided, and agree that the registration details provided shall be correct.  If We believe that such registration details provided are incorrect, We reserve the right to delete or suspend such account, and prevent Your access to the specific areas on Our Site that requires the creation of an account.

 

5. ASSIGNMENT AND TRANSFER

1. We may assign or transfer Our rights and obligations under this Terms and Conditions to a third party.
2. By creating an account on the Our Site, you agree that:

1. your account registration details and password are confidential to you and may not be used by anyone else to access Our Site;
2. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of Our Site; and
3. you will not create registration accounts for the purpose of abusing the functionality of Our Site, or other users; nor will you seek to pass yourself off as another user.

3. You agree to notify us immediately if you become aware of any unauthorised use of your registration details and password by anybody.

 

6. TERMS OF USE OF OUR SITE

1. This Site is for personal and commercial use only.
2. We are the owner or the licensee of all contents or materials on Our Site including without limitation all intellectual property rights, applicable copyrights, patents, trademarks, trade secrets, trade names, and logos on Our Site.
3. You agree to use Our Site in accordance with the following conditions:

1. You shall not download and/or print a portion of the Site for any use;
2. You shall not use the Site in any way that breaches an applicable local, national or international law or regulation;
3. You shall not use the Site in any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect.
4. You shall not use the Site to transmit, or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
5. To knowingly 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.

4. You also agree not to access without authority, interfere with, damage or disrupt:

1. any part of Our Site;
2. any equipment or network on which Our Site is stored;
3. any software used in the provision of Our Site; or
4. any equipment or network or software owned or used by any third party.

 

7. THIRD PARTY WEBSITES

1. Our Site may contain links to third party websites which are not maintained by us. You acknowledge and agree that We are not responsible for the availability of any third party websites or material You access through Our Site.
2. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.
3. You will see advertising material submitted by third parties on Our Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of the advertising material, including, without limitation, any error, omission or inaccuracy therein.
4. Any dealings between You and any third party advertisers or merchants found on Our Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

 

8. SUBSCRIPTION TO LIVE STREAMING

1. You will be able to subscribe to the viewing of live matches on Our Site. The content on our Site includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). We are providers of streaming services for such Content and possess the exclusive right to stream them. You are not allowed to copy, repost, reshare, edit or in any way disassemble the Content.

 

9. INTELLECTUAL PROPERTY RIGHTS

1. The intellectual property rights, trademark, and copyright in all design, text, graphics, logos, and other material on Our Site is owned by us and/or Our respective licensors. Those works are protected by applicable intellectual property laws including, without limitation, trademark laws, copyright laws and treaties around the world. All such rights are reserved to us and Our licensors.
2. You shall not print off and/or download any contents or materials from Our Site including but not limited to illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3. If You print off, copy or download any part of Our Site, you are deemed to have breached Our Terms and Conditions, Your right to use Our Site will cease immediately, and we reserve to right to explore legal means to enforce our Intellectual Property Rights against You.

 

10. DATA PROTECTION AND PRIVACY

1. Any details which You provide to Us from which we can identify You are held and processed in accordance with Our Data Protection Registration. Further details are set out in Our Privacy Policy

 

11. LIMITATION ON LIABILITY

1. SAY POS, its affiliates, licensors, service providers, content providers, directors, employees, agents, officers, shareholders or agents will not be liable or take responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with Our Site in any way or in connection with the use, inability to use or the results of use of Our Site, any websites linked to Our Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing Our Site or Your downloading of any material from Our Site or any websites linked to Our Site.

 

12. INDEMNITY

1. You will indemnify and hold SAY POS, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms and Conditions by You, including any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this Site.

 

13. TERMINATION

1. We reserve the right immediately to terminate Your use of the Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

 

14. GOVERNING LAW AND JURISDICTION

1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. You irrevocably agree that the courts of Nigeria shall have exclusive jurisdiction in the event of any dispute. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of Our intellectual property rights or breach of these Terms and Conditions is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which You access the Website or use the Services.

 

15. WAIVER

1. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

 

16. AMENDMENT

1. We may amend these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on You. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on Our Site.

 

17. ENTIRE AGREEMENT

1. These Terms and Conditions and any document expressly referred to, represent the entire agreement between You and Us and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing. We each acknowledge that neither You or Us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in correspondence between You and Us except as expressly stated in these Terms and Conditions.

 

18. SEVERABILITY

1. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful, void or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.

 

1. ACCEPTABLE USE POLICY

The list of activities & business categories that are prohibited from using SAY POS or any of its related products.

SAY POS is an innovative e-commerce platform that provides the tools and technology for merchants to set up an online store and sell products and services on their own website. While we believe the free and open exchange of ideas and products is a key tenet of commerce, there are some activities that are incompatible with SAY POS’s mission to make commerce better for everyone. This Acceptable Use Policy (“AUP”) describes activities that are prohibited or restricted in connection with your use of the Services. The General Terms of Use, Privacy Policy, and Merchant Terms of Service (where applicable) are expressly incorporated by reference into this AUP. Any capitalized terms used in this AUP, not defined herein, have the meanings assigned in the General Terms of Use or the Merchant Terms of Service, unless the context specifically requires otherwise.

Prohibited Activities

1. The following activities are prohibited:

   Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

   Harassment, bullying, defamation and threats:You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.

   Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

   Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.

   Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright, trademarks or intellectual property of others.

   Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of SAY POS. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.

   Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.

   Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.

   Spam: You may not use the Services to transmit unsolicited commercial electronic messages.

   Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

1. You may not use SAY POS in connection with any product, service, transaction or activity that:
   • Violates any law or government regulation, or promotes or facilitates such by third parties;
   • Violates any rule or regulation of a Card Network;
   • Is fraudulent, deceptive, unfair or predatory;
   • Causes or threatens reputational damage to us or any Card Network;
   • Involves any of the business categories listed in clause 2 below; or
   • Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

4. Certain Business Categories:

   You may not use SAY POS in connection with any product, service, transaction or activity that:

1. Falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria.
2. Relates to the sale or purchase of:
   • Banned narcotics, steroids, certain controlled substances or other products that present a risk to consumer's safety
   • Blood, bodily fluids or body parts
   • Burglary tools
   • Counterfeit items
   • Illegal drugs and drug paraphernalia
   • Fireworks, destructive devices and explosives
   • Identity documents, government documents, personal financial records or personal Information (in any form, including mailing lists)
   • Lottery tickets, sweepstakes entries or slot machines without the required license
   • Offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime
   • Chemicals
   • Recalled items
   • Unlicensed financial services, stocks or other securities
   • Stolen property
   • Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction
   • Sales of currency without BDC license and certain cryptocurrency operators
   • Obscene material or pornography
   • Certain sexually oriented materials or services
   • Certain firearms, firearm parts or accessories, ammunition, weapons or knives
   • Any product or service that is illegal or marketed or sold in such a way as to create liability to SAY POS; or
   • Production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services
3. Relate to transactions that:
   • Show the personal information of third parties in violation of applicable law
   • Support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs
   • Are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
   • Pertain to ammunitions and arms; and
   • Involve gambling, gaming or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from SAY POS and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law

3. Actions by SAY POS

1. We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.
2. If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to SAY POS and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation
   • Blocking the settlement or completion of one or more payments
   • Suspending, restricting or terminating your access to and use of the SAY POS’s Services
   • Terminating our business relationship with you, including termination without liability to SAY POS of any payment service agreement between you and SAY POS
   • Taking legal action against you
   • Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
   • Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
3. SAY POS has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the SAY POS Merchant Terms of Service, or any other agreement between you and SAY POS governing your use of the Services (collectively, the “Agreements”).
4. Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.

4. Updates, Modifications & Amendments

1. We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy. We advise that you check this page often, referring to the date of the last modification on the page.