This User Agreement (“Agreement”) is a contract between you and Errand P LTD. (“Company” “us”, “we” “our”) and applies to your use of the ErrandPay Agent Mobile Application “the App” and any other features, technologies, and/or functionalities, products or services offered by us on our website, the App or through any other means (the “ErrandPay Services”). You will receive periodic email notifications from us as a bulletin for important information. The Errand Pay Services are provided to you subject to this Terms as well as our Privacy Policy (“Privacy Policy”) which is incorporated in this Agreement by this reference.
Acceptance of Terms of Use
By accessing, visiting, or using the App, via this site or any other device or application or other technology, you accept and agree to be bound by the Terms
Please read carefully all of the terms and conditions of this user agreement, and each of the other agreements that apply to you. By using the Mobile Application, you are entering into a binding contract with us.
Further, you shall be subject to any additional terms of use that apply when you use certain products or posted guidelines or rules applicable to our services, which may be posted and modified from time to time. All such guidelines are hereby incorporated by reference into the Terms.
ANY ACCESS, USE or PARTICIPATION IN THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES OR OUR SITE OR MOBILE APPLICATION OR ACCESS OUR SERVICES.
About ErrandPay
ErrandPay is a trading name for a product of Errand P LTD.
1. Third Party Agreements
You acknowledge and agree that this Terms or Agreement is between you and the Company, not with any third party (including, but not limited to, Apple, Google, or any mobile carrier), and that Company is solely responsible for ErrandPay.
Your use of the ErrandPay Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft), your mobile device manufacturer (e.g., Apple, Samsung), your mobile service carrier (e.g., MTN, Glo, Etisalat etc), and other parties involved in providing your mobile device service.
Third party operating system providers such as Apple, Infinix and Microsoft etc, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the ErrandPay Services. The Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
Services via SMS or Mobile Data
The ErrandPay Services allow you to make and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for data services, etc. Your phone service provider is not the provider of the ErrandPay Services.
2. ERRANDPAY SERVICE TERMS
The ErrandPay Services (Services) allow you to make payments to and accept payments from third parties. You may use the ErrandPay Services on your mobile device, or, if you are an approved merchant, you may accept ErrandPay payments through your mobile application or website. The Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of ErrandPay Services or that a sender or a recipient can or will complete a transaction.
3. Eligibility and Account Registration
To be eligible to use the ErrandPay Services, you must create an account with your email and other KYC requirements. As further detailed in our Privacy Policy, in order to register, create and use an account, the Company may require that you submit certain Personal Information). You agree that the Personal Information you provide to the Company upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.
4. Accounts
We offer one type of account, which is the personal account but can be used by businesses. You may have multiple personal accounts. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Some features of personal accounts may be limited based on how you wish to use the ErrandPay Services, how much you need to send or spend and what we know about you. We may require that you provide more information in order to complete a transaction.
4.1 Business Account – Business Accounts must be applied for and explicitly authorized by us once they are available. By opening a Business Account or converting a personal account to a business account you confirm that neither you nor your business is establishing a Business Account primarily for personal, family, or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a Personal Account for business purposes or vice versa.
4.2 In accordance with Applicable Law, we are required to apply due diligence measures aimed at the prevention of money laundering and terrorist financing before you can open an Account. Among other measures, we are required to identify and verify your identity and collect information about you, your use of the services provided to you and any suspicions of money laundering or terrorist financing which we may develop with regard to you or use of the services provided to you.
4.3 You are required to provide us with all information and documents which we demand from you in order to apply the due diligence measures referred to in clause 3.2 or to perform any other obligations under Applicable Law and/or this Agreement.
At a minimum, you must provide the following as part of your application to us to provide Services:
If you are an Individual:
4.3.1
your full name, address, and location;
4.3.2
your e-mail address;
4.3.3
your mobile phone number
4.3.4
National ID Card as proof of identity
4.3.5.
Bank details and Bank Verification Number (BVN)
If you are a Business entity:
4.3.6. The registered name registered or business address, date of incorporation, applicable business permits or licenses, bank account details, email address, telephone or mobile contact number, tax number, details of Directors or key personnel.
5. Identity Authentication
You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information.
6. Transaction History
You have the right to receive an account history. You may view your account activity or history by logging into the App
7. Sending Money
i. You can send money to a recipient via your account, provided you have sufficient funds to cover the amount you intend to send. To send money, you must provide at least the following information through the App:
name of the recipient
recipient’s bank / payment institution;
recipient’s bank account number;
any other information requested by us; and follow the on-screen instructions to confirm and submit the Order.
In order to send money, you must insert a one-time authentication code on the App, which will be delivered to your verified mobile phone number or e-mail address, or any other Authentication Instrument as required by us from time to time. You are obliged to verify the payment amount, the payment recipient and other important information before providing authorization to a Payment Transaction. When your payment is executed, we shall deduct the value of the Transactions from balance
ii.
Sending Limits
We may, at our discretion, impose limits on the amount of transactions you conduct through the ErrandPay Services. These limits may change from time to time in Company’s sole discretion.
If you wish to increase or decrease sending limit, please contact the us at hello@errandpay.com. We shall have the right to require justification for increasing a sending limit.
iii.
Funding Sources
Your ErrandPay balance consists of the funds you have in your ErrandPay account that are available for new transactions and are not subject to pending transactions. When you make a payment through the ErrandPay Services, we first see if your ErrandPay balance can cover the transaction. You may also be able to fund payments with bank accounts, Mobile Money accounts and or Credit/Debit cards. We always use your ErrandPay balance first if the balance is sufficient to cover your payment. If there is not enough money available in your ErrandPay balance to cover the transaction, we will block the transaction from going through and you’ll receive a “failed” notice. If you don’t want to use your balance, you can withdraw it at any time by Cashing Out to any Bank Account provided.
iv. Fees for Sending Money
a. Fees depend on whether you are using your ErrandPay Account for personal or business purposes. You will be charged a fee by us for any action or transaction you make on ErrandPay.
b.
Your transactions may be subject to currency conversions. If you make a payment from your ErrandPay Account denominated in one currency to a ErrandPay Account denominated in another currency, you will be asked to either make the payment in the currency of your ErrandPay Account or in another currency. If you choose the currency of your ErrandPay Account, then the recipient will pay the fee for the conversion into the currency of his or her ErrandPay Account. If you choose the currency of the recipient’s ErrandPay Account, you will pay the fee for the currency conversion into the currency of the payment. If you choose a currency that is neither the currency of your ErrandPay Account nor the currency of the recipient’s ErrandPay Account then you will pay the fee for the conversion into the currency of the payment, and the recipient will pay the fee for the conversion of the payment currency into the currency of his or her ErrandPay Account.
c.
For every currency conversion, we shall apply our then current wholesale exchange rates which are available online in the Currency Conversion Fees section of the "Fees" page and which are updated on a regular basis throughout the day. Changes in these exchange rates may be applied immediately and without notice. In addition we shall apply a foreign exchange fee, which is also displayed in the "Fees" section of the Website and which is expressed as a percentage applicable in addition to the transaction fee.
d.
Fees payable by you will be deducted from your ErrandPay Account balance and you hereby authorise us to do the same. Transaction fees will be charged when the transaction is executed. If your ErrandPay Account balance is insufficient to cover the fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
e.
Our Fees are either expressed as a percentage of the transaction or as a fixed amount in Naira (₦). Where fixed fee amounts are displayed in a currency other than ₦, this is for information purposes only. If fees are deducted from a balance or a transaction denominated in a different currency, the ₦ fee amount will be converted into an equivalent fee in that other currency based on the ErrandPay wholesale exchange rates applicable at the time and available under the "Currency Conversion Fees" section of the "Fees" section and then deducted. We will not apply a foreign exchange fee on currency conversions of fees.
f.
If the deduction of fees results in a negative ErrandPay Account balance, you will be required to repay such negative balance by Adding sufficient funds into your ErrandPay Account. Failure to do so is a breach of these Terms of Use. Repayment of the negative balance is due immediately without notice, however, we reserve the right at any time to send you reminders that you need to upload funds or to take other debt collection measures including but not limited to instructing a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you expenses we have reasonably incurred in connection with any debt collection or enforcement efforts.
8. Payment Investigation
Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, the Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your ErrandPay account if the payment is canceled.
9. Risk of Reversals, Chargebacks and Claims
When you receive a payment, you are liable to the Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow the Company to recover any amounts due to the Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse the Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
10. Account Balances / Deposit
i.
Balances
You do need to maintain a balance in your account in order to make any transaction. If you do hold a balance, the Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Company’s name. Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by any governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.
ii.
Assignment of Interest to Company
You agree that you will not receive interest or other earnings on the funds that the Company handles and places in pooled accounts. Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with the Company.
iii.
Security Interest
11. Transferring Funds out of ErrandPay
i.
Options
You may transfer funds to any Banks Account(s) or Mobile Money Account(s)) using the standard transfer option.
ii.
Transfer Limits
We reserve the right to limit the amount you can transfer out of ErrandPay at a given time.
iii.
Transaction Reviews
We review account and transaction activity at various times, including when you initiate a transfer of funds out of ErrandPay. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement. Reviews may result in:
delayed, blocked or cancelled transfers;
funds being held by ErrandPay;
account suspension or termination;
funds being seized to comply with a court order, warrant or other legal process; and/or
funds you previously received being reversed (i.e., sent back to the sender’s ErrandPay balance.
In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to funds in it until verification is completed.
iv. Fees
We have the rights to charge fees and may change fees from time to time at our sole discretion. We may communicate or notify you of changes to our fees prior to implementation.
12. Closing Your Account
1.
How to Close Your Account As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by emailing us at hello@errandpay.com and requesting that we close your account. It may take up to 30 days for your account closure to be complete.
2.
Limitations on Closing Your Account.
You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
13. Payment Hold
Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction. If the Company places a hold on your payment, it will show as “pending” in your ErrandPay account. Payment will be completed once investigation is completed. The Company will notify you of the reason for the hold on payment and also the estimated time within which an investigation will be completed.
14. Termination
14.1.
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the ErrandPay Services, including without limitation by deactivating your account, and to refuse future access to the ErrandPay Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.
14.2. Upon the termination of this Agreement, we shall:
14.2.1 reject any transaction;
14.2.2 close your account; and
14.2.3 transfer any remaining funds held in your account to your Nominated bank Account, less any fees due and payable to us.
15. Rules and Restrictions for Accounts
The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.
Receiving Money, Company sets limits, including limits on receiving and sending money. These limits may change from time to time in Company’s sole discretion.
Transaction Fees for Receiving Money. These fees may change from time to time at the Company's sole discretion.
Error in Receiving Money In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your ErrandPay balance.
Account Errors If your account history shows transfers you did not make, please report this by reaching out to us at hello@errandpay.com
GENERAL TERMS AND CONDITIONS.
1. Notices to You
You agree that the Company may provide notice to you by posting it on our website, via sms and internet properties, or by emailing it to the email address listed in your account. Such notice shall be considered to be received by you within 24 hours of being posted on our website; within an hour if emailed or SMS to you unless we receive notice that the email was not delivered
2. Calls to You
By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise.
3. ErrandPay Websites
The Company’s ErrandPay websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by the Company of any product, service or vendor.
4. Intellectual Property “ErrandPay”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of the Company or its licensors. You shall not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company. You shall not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by the Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to ErrandPay website and any content thereon is the exclusive property of Company and its licensors. Certain other product or service names, brand names and company names may be trademarks of their respective owners.
5. Taxes
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
6. Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another ErrandPay user through the ErrandPay Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a ErrandPay user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
7. Loss or Theft of Account Information, PIN, and Mobile Device If you believe that any of your ErrandPay account registration information, PIN or mobile device containing the ErrandPay App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the Contact Us information below or by email to hello@errandpay.com.
8. Notification Requirements
You should immediately notify Company if you believe:
There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
There is an error in your transaction history or your transaction confirmation sent to you by email;
Your password has been compromised;
You need more information about a transaction listed in your transaction history or transaction confirmation email. For Unauthorized Transactions or Other Errors in your account, notify us as follows:
By emailing us at hello@errandpay.com ; or
Telephone us via
When you notify us, provide us with all of the following information:
Your name, and the email address and username registered to your account;
A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
The amount of any suspected Unauthorized Transaction or Other Error.
If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.
9. Processing Errors
We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, the Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, the Company will debit the extra funds from your account.
10. Restricted Activities
In connection with your use of our website, your account, or the ErrandPay Services, or in the course of your interactions with Company, a user or a third party, you will not:
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
provide false, inaccurate or misleading Personal Information;
send or receive what we reasonably believe to be potentially fraudulent funds;
refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
use an anonymizing proxy;
control an account that is linked to another account that has engaged in any of these restricted activities;
control or possess more than one account without authorization from Company;
conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
disclose or distribute another ErrandPay user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
use the ErrandPay Service to test credit card behaviors.
11. Acceptable Use
You agree you will not use the ErrandPay Services to violate any law, statute, ordinance, or regulation relating to but not limited to sales of:
counterfeit goods;
narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
drug paraphernalia;
items that encourage, promote, facilitate or instruct others to engage in illegal activity;
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
ammunition, firearms, or certain firearm parts or accessories; or
certain weapons or knives regulated under applicable law; You further agree that you will not use the ErrandPay Services to conduct 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;
are for the sale of certain items before the seller has control or possession of the item;
are by payment processors to collect payments on behalf of merchants;
prescription drugs and devices involve gambling, gaming and/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 Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
12. Legal Compliance
You are solely responsible for ensuring that your use of the ErrandPay Services is in conformance with applicable federal, state and local laws and regulations.
13. Your Liability - Actions We May Take
Your Liability You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a ErrandPay user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the ErrandPay Services. You agree to reimburse the Company, a user, or a third party for any and all such liability. You acknowledge that you are responsible for the accuracy of all payments sent using the ErrandPay Services, including but not limited to the accuracy of the amount paid and the recipient. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
Actions by Company If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another ErrandPay user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may close, suspend, or limit your access to your account or the ErrandPay Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information;
we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
may update inaccurate information you provided us;
we may refuse to provide our ErrandPay Services to you in the future;
we may take legal action against you.
The Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
14. Account Closure, Termination of Service, or Limited Account Access
If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion. You may stop using the ErrandPay Services at any time or may close your accounts by contacting us. The Company, in its sole discretion, reserves the right to terminate the ErrandPay Services, to terminate this Agreement, or to terminate your access to the ErrandPay Services for any reason and at any time. If we terminate or limit your use of our ErrandPay Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
15. Policy Violation - If the Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 100 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of US $5,000.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. The Company may deduct such fines directly from any existing balance in the offending account, or any other ErrandPay account you control.
16. Liability of Company for Failure to Complete Transfers
If the Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, the Company will be liable for your losses or damages to the extent required by law.
The Company will not be liable:
If, through no fault of Company’s, you do not have enough money in your balance, and Company is unable to charge the transaction to your linked Bank Account or Mobile Money account, for reasons including but not limited to you exceeding any applicable credit limit;
the funds in your account are subject to legal process or other encumbrance restricting their use;
If the ErrandPay Services were not working properly and you knew about the breakdown when you started the transfer;
If the failure results from a failure of a Mobile Carrier that issues the Mobile Money account or the bank account linked to your account, or Company is unable to access a linked Mobile Money account or bank account for any reason other than due to Company’s fault;
If you provided inaccurate or incomplete information regarding the transfer;
If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Company or if the transfer is or appears to be prohibited by any applicable law or rules
17. Disclaimers of Warranty; Damages Exclusions
17.1. Unless otherwise prohibited by law, you assume all responsibility for your use of the ErrandPay Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity.
17.2. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section:
the ErrandPay Services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company, any third party,
Neither Company, nor any third party, warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device. COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE ERRANDPAY SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.
None of Company, any third party or any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so. Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or international mail service among others.
18. Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the ErrandPay Services shall not exceed the greater of the fee you paid to Company for the transaction leading to liability or $1.0. These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company, any third party knew or should have known about the possibility of the damages. These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you.
19. Indemnification
You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the ErrandPay Services.
20. Release of Company
If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
21. Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 7 days notice to you before the changes become effective. By using the ErrandPay Services after a new Agreement has been posted, you agree to the revised Agreement.
22. Survival
In the event of termination of this Agreement or the ErrandPay Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
23. Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
25. Miscellaneous
This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the ErrandPay Services. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the ErrandPay Services must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Company’s prior written consent. Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
If you have questions or concerns regarding this Agreement or your ErrandPay account, or any feedback that you would like us to consider, please email us hello@errandpay.com
25. Referral Program
Each friend that an existing ErrandPay customer refers to ErrandPay through the Referral Program will be entitled to one payment discount but subject to below conditions:
You may not:
create more than one account in order to invite yourself;
invite others that have created duplicate accounts;
use alternative contact information to refer yourself or others that have created duplicate accounts;
invite an existing customer of ErrandPay;
invite fictitious persons;
do anything that damages ErrandPay’s brand, goodwill or reputation;
make payments to another user that are not genuine payments;
use the Referral Program in: (i) any way that breaches any applicable local, national or international law or regulation; or (ii) any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) in any way that contravenes any other agreements we have with you, including our Customer Agreement;
to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to transmit any unsolicited or unauthorised advertising either via paid search or any other similar activity, including channels that can damage the Errandpay brand, goodwill or reputation.
ErrandPay has the right to refuse to pay you the Referral Fee if (in its sole and absolute discretion) ErrandPay suspects that you have not used the Referral Program in good faith or have breached this Agreement.
ErrandPay reserves the right to:
amend, alter or change the Referral Program at any time, without notice; and
terminate the Referral Program at any time, without notice. In the event the Referral Program is terminated, ErrandPay will not be obliged to credit any accounts that would have otherwise qualified for Referral Fee.
Definitions
Various terms in these Terms of Use have a defined meaning as follows:
“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in Federal Republic of Nigeria;
“Customer Service” means our customer service, which you can reach by sending a message through the “Contact Us” or email provided..
“Fees” shall mean the charges payable by you to us for using our services;
“Privacy Policy” is the ErrandPay’s policy governing the processing of personal data which is available on the Website, as may be amended from time to time;
“ErrandPay Account” shall mean the electronic money account you open and maintain through the ErrandPay Website and Mobile App;
“ErrandPay Website” or “Website” shall mean the website available at www.errandpay.com
“Terms of Use”, shall mean these ErrandPay Account Terms of Use, published on the Website and as may be amended from time;
“We”, “us”, “our” shall mean ErrandPay;
“You”, “your” shall mean you, the natural person or legal entity in whose name the ErrandPay Account is opened and maintained;