Terms and Conditions
Updated 01/10/2023
BACKGROUND:
These terms and conditions will serve as a basis of your banking relationship with us, at Tribapay. By choosing to open an account with us, you agree to the terms and conditions contained herein. You also confirm that you have provided us with the accurate and complete information required to create your account and that you have supplied all documentation, photographs and information that allow us to comply with our regulatory obligations. If you do not agree to these terms and conditions, please do not proceed and exit the application immediately. Also, please be informed that we can terminate your relationship with us if we believe that you have violated any of these terms.
SCOPE OF THE RELATIONSHIP BETWEEN TRIBAPAY & THE CUSTOMER:
OPENING AN ACCOUNT:
You can choose to open a Tribapay account on the condition that you are at least 18 years old, meet our technology requirements defined above and have not yet opened an account with us. We do not knowingly engage with people who don’t meet these conditions.
When you choose to open a Tribapay account, you agree to us using your information to make and receive payments on your behalf through your Tribapay account. If you would like us to stop doing this, we would have to close your account.
VERIFYING YOUR IDENTITY
In line with regulations, we perform due diligence on all accounts so it is your responsibility to keep your mailing address, email address, physical address and other contact information up-to-date in your profile.
LANGUAGE AND COMMUNICATION
English will be the primary language of our communication to you. We may use emojis or colloquialisms, but we will always communicate in English.
If you have any questions about your relationship with Tribapay, you can contact us via email using the details below:
NOTIFICATIONS
By opening an account with Tribapay, you consent to receiving text (SMS), email and push notifications from us. These notifications are meant for your consumption only and we will not be held liable if you suffer any loss, or damage as a result of unauthorised access to the information sent.
In addition, by opening this account, you agree to opt out of mandatory SMS alerts directed by the CBN in favour of push notifications. You agree to indemnify Tribapay against all losses, damages, claims, demands and expenses whatsoever which may be incurred, imposed or suffered by the Bank as well as against all actions, proceedings or claims (including attorney’s fees) whether civil or criminal, which may be brought against Tribapay by reason of such notifications.
PROTECTION
To protect your money, we need you to keep your phone and PIN safe at all times. If you lose your phone or spot any suspicious transactions on your account, please inform us as soon as possible. You are responsible for maintaining the security and confidentiality of your passwords, PINs, or any other identifier that you use to access your Tribapay account and other Tribapay services. Use a strong password and a unique code as your transaction PIN and limit its use to your Tribapay account. Do not allow anyone to have or use your password or transaction PIN details. If you share these details, we cannot and will not be liable for any loss or damage arising from your failure to comply.
CLOSURE OF ACCOUNT
You can close your account at any time and at no cost. If you will like to do this, please get in touch with us. You will, however, remain liable for any obligations related to your account with us. Once the account is closed, you will not be able to access any Tribapay services.
We reserve the right to close, suspend, freeze or limit access to your account, if:
The information we obtain from you does not comply with regulatory requirements;
You do not meet, or are in breach of, the terms and conditions contained herein;
You create risk or possible legal exposure to us;
We are required to do so by law; or
There is a report of, or our investigations reveal that you have engaged in, fraudulent or suspicious activity with your Kuda account.
In addition, Tribapay is required to comply with all extant laws in Nigeria, including the rules, regulations, guidelines, circulars and letters issued by the CBN and other regulatory bodies from time to time. In compliance with the applicable laws, Tribapay does not deal in crypto currencies and does not facilitate payments for crypto currency transactions and other related transactions. You, therefore, confirm that you will not use your Tribapay account to deal in, trade, transact or receive any payments relating to virtual currencies.
You further confirm that your Tribapay account shall be used solely for legal purposes and shall not be used for illegal or criminal activities, including but not limited to obtaining funds under false pretences or any other fraudulent activity in contravention of extant laws in Nigeria.
DATA PROTECTION
By opening this account, you consent to us processing your personal information:
To provide products and services to you in terms of this agreement and any other products and services for which you may apply;
To carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);
In countries outside Nigeria where the products or services are being used and where such countries do not have the same data protection laws as applicable in Nigeria, we will, where possible, ask the receiving party to agree to our privacy policies.
MARKETING AND PROMOTION
We may also use your personal or other information to share information with you on new products and services that may be of interest to you. By opening an account with us, you consent to us sending you updates about Tribapay products.
BANK VERIFICATION NUMBER (BVN) OPERATIONS AND WATCH-LIST FOR THE NIGERIAN BANKING INDUSTRY
You consent to us applying restrictions on your account and reporting to law enforcement agencies, including the Economic and Financial Crimes Commission, the Nigerian Financial Intelligence Unit, the Nigerian Police Force, e.t.c., if a fraudulent activity is associated with the operation of your account.
You consent to us reporting to Nigeria Inter-Bank Settlement Systems Plc (NIBBS) for update on the Watchlist Database of the Nigerian Banking Industry and the CBN if a fraudulent activity is associated with the operation of your account.
LIMITATIONS OF LIABILITY
By downloading or using the platform, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the platform. You’re not allowed to copy, or modify the platform, any part of the platform in any way. You’re not allowed to attempt to extract the source code of the platform, and you also shouldn’t try to translate the platform into other languages, or make derivative versions. The platform itself, and all the database rights and other intellectual property rights related to it, still belong to Tribapay. We are committed to ensuring that the platform is as useful and efficient as possible. For that reason, we reserve the right to make changes to the platform or to charge for its services, at any time and for any reason of which will be clearly communicated. We will never charge you for the platform or its services without making it very clear to you exactly what you’re paying for through subscription options. The Tribapay platform stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the platform secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Tribapay platform won’t work properly or at all.
TERMS AND CONDITIONS
You should be aware that there are certain things that Tribapay will not take responsibility for. Certain functions of the platform will require the platform to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Tribapay cannot take responsibility for the platform not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you’re using the platform outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the platform, or other third party charges. In using the platform, you’re accepting responsibility for any such charges, including roaming data charges if you use the platform outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the platform, please be aware that we assume that you have received permission from the bill payer for using the platform. Along the same lines, Tribapay cannot always take responsibility for the way you use the platform i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Tribapay cannot accept responsibility. With respect to Tribapay’s responsibility for your use of the platform, when you’re using the platform, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Tribapay accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the platform. At some point, we may wish to update the platform.
CLASS ACTION WAIVER
To the extent permissible by law, all claims will only be brought on an individual basis, and not as a plaintiff or class member in any purported class, collective action, or representative capacity (collectively referred to as Class Action Waiver). The arbitrator may not consolidate mote than one person’s claims or engage in any class arbitration. You acknowledge that, by agreeing to these terms, you and Tribapay are each waiving any right to a trial by Jury, and you are waiving the right to participate in a class action against Tribapay.
ARBITRATION
You and Tribapay agree that any dispute arising out of or relating to this Agreement or the Services, shall be finally settled in binding arbitration, on an individual basis, in accordance with the Nigerian Arbitration Commision’s rules for arbitration of consumer-related disputes (accessible at nicarb.org ). Subject to applicable jurisdictional requirements, consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis
CHANGES TO THIS TERMS AND CONDITIONS AGREEMENT
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These terms and conditions are effective as of 1st of october 2023
CONTACT US
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]
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