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Terms of Service

By signing up for an account on this website or any of our services, you are a merchant and agrees to our terms of service (the Agreement).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP AS A MERCHANT. If you do not agree to all of these Terms of Service, DO NOT SIGNUP ON THIS WEBSITE!

Intellectual Property

All products and services rendered under this agreement are the works of GEMSPAY SOLUTION LIMITED. All rights therein, including, without limitation, copyrights belongs to and shall be the sole and exclusive property of GEMSPAY SOLUTION LIMITED. We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to.

License to Use Our Website

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 Nigeria. However, we DO NOT grant you any right to use the GEMSPAY name or any of GEMSPAY ‘s 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 GEMSPAY and its licensors. If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, GEMSPAY 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.

Age Restrictions

The Services are not directed to individuals under the age of eighteen (18) years. We do not intend to transact with anyone under such age. If you belong to that category, do not signup on this service.

Confidentiality

All information of a non-public, confidential or proprietary nature, whether of a commercial, financial or technical nature; customer, supplier, product or otherwise all information exchanged in the ordinary course of delivering the Gemspay Solutions and Industry Services shall be deemed Confidential Information. In recognition of the foregoing, User agree(s) to:

  • keep and maintain all Customers’ information in strict confidence, using the highest degree of care as is appropriate to avoid unauthorized access, use or disclosur
  • not use, sell, rent, transfer, distribute, or otherwise disclose or make available Customer Information for the benefit of anyone other than the Customer; except with the Customer’s prior written consent;
  • use and disclose Customer Information solely and exclusively for the purposes for which the Unique Information, or access to it, is provided pursuant to the terms and conditions of this agreement;
  • not, directly or indirectly, disclose Customer Information to any person other than its authorized employees and to the extent required by Competent Public Authorities or as otherwise, to the extent expressly required, by applicable law;

Password Security

User/You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Gemspay Solution products and services. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Gemspay Solution’s services.

Terms of Payment

  • The processing/transaction fee charged by Gemspay shall be deducted from source, i.e. the fee will be removed from the transaction collected.
  • The Parties further agree that the charges may be reviewed in line with industry agreements from time to time and Gemspay will communicate the price change within two (2) weeks of such change through a letter duly signed by an authorised signatory of Gemspay
  • In the event that User decides to pay the transaction fees (agreement on not deductible from source) but delays, fails, refuses, neglects or defaults in making payment, User shall pay interest at the current commercial bank lending rate for the period of default or delay notwithstanding the existence or otherwise of any legal proceeding during the period of the delay or default.

Chargebacks

A Chargeback may result in the reversal of a transaction which usually happens when a customer files directly with or disputes through his or her credit or debit card issuer. You may be assessed Chargebacks for:

  • customer disputes;
  • unauthorised or improperly authorised transactions;
  • transactions that do not comply with Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious;
  • any reversals for any reason by the Card Network, 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 Bank Account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means.

Reserves

In our sole discretion, we may place a Reserve on a portion of your settlements by holding for a certain period such portion where we believe there is a high level of risk associated with your business. If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Settlements to be held back, period of time and any other such restrictions that Gemspay may deem necessary. Where such terms are changed, we will notify you. You agree that you will remain liable for all obligations related to your transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks and other adjustments. To secure your performance of this Agreement, you grant Gemspay a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.

Refund

We are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services so you agree that you are solely responsible for accepting and processing returns of your products and services.