Terms of Service Agreement
By using the Mobile App/Site, you hereby agree that you are at least eighteen (18) years of age and are bound by all of the following provisions of these Terms.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE MOBILE APP/SITE AND DO NOT USE ANY PAYSABIL SERVICE OFFERED THROUGH THE MOBILE APP/SITE.
1. About PaySabil
The PaySabil website, web application, and mobile applications are products of Sabil Technologies Limited (hereafter referred to as STL), a registered incorporation in Nigeria. The PaySabil software and other technologies have been designed, architected and developed by STL.
PaySabil provides a payment platform for individuals (donors) to make voluntary donations to not-for-profit organizations, such as religious organizations, charitable organizations, and not for profit events (Receivers). Receivers may use the platform to receive donations made by donors.
Donors represent that they are making voluntary donations to organizations of their choices for reasons best known to them. PaySabil is not a party to any such choice or reason except as otherwise specified in this Agreement.
Under this Agreement, the Receiver appoints PaySabil as its agent for receipt of donations from Donor.
PaySabil is not an agent of Donor in receiving donations.
PaySabil is not a bank, money transmitter, or other money services business, as defined by the Central Bank of Nigeria or any regulatory body. The relationship of PaySabil to each Receiver shall also be governed according to the rules and regulations of any relevant payment processor and/or bank where PaySabil is a payment facilitator and the Receiver is an account holder.
No Payments will occur hereunder to any Receiver that is not a party to this Agreement.
PaySabil will keep a log of all transaction receipts from Donors inside of the Service. PaySabil may also automatically generate and send a series of SMS or emails to Receivers and donors to assist them in more effectively using the PaySabil Service.
2. Acceptance of Terms
PaySabil provides its services to you subject to the following Terms of Service (the “Terms”), which may be updated by us from time to time without notice to you. Please check these Terms periodically for changes.
Also, when using the Service, you shall be subject to any guidelines or rules (the “Guidelines”) applicable that may be posted online from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
You will not hold the Company responsible for others’ content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations listed, the truth or accuracy of content, or the ability to perform the stated objective.
If you do not agree with any of the terms and conditions set forth herein, you may not use our product and services.
3. Description of the Service and Definitions.
The Services are:
4. Eligibility and Registration
You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse the use of the Service to anyone and to reject, cancel, interrupt, remove or suspend an organization or project at any time for any reason without liability.
If you choose to create an account with us and become a donor or Receiver, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, etc. in creating your user profile.
You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breaches, you will notify us immediately by emailing firstname.lastname@example.org.
By registering to the Site, you agree to provide any verification information as required by PaySabil to comply with various laws of the Federal Republic of Nigeria.
5. Payment Processing Information.
All donations to organizations or projects are processed through our Bank(s) and Payment Provider(s).
i. Users of the Service are subject to and must adhere to the terms of the applicable Bank and Payment Providers’ Terms of Service and other agreements relating to their Service transactions. The Company is not affiliated with any Bank or Payment Provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true concerning the Company on the one hand and Users on the other hand. To the extent that the Service is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of the Service hereunder does so in conjunction with the services of another service provider, such User will be subject to the other service provider’s terms of service, and neither the Company or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. These Terms shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of the Terms concerning the Service.
ii. By using the Service, all Users agree to the Payment Provider withholding a Service fee and making these fees available to the Company.
iii. Donors accept the responsibility that Receivers will not provide refunds for donations made voluntarily and at the discretion of Donors. Users of this service also acknowledge and agree that PaySabil will NOT be held liable for refunds.
iv. Donors and Receivers accept and agree that PaySabil may charge a fee for these services that will be paid from the donations made by the Donor.
6. Service Fee Schedule
Donations made by Donor through PaySabil shall be settled to Receiver, less applicable fees as agreed in the Fee Schedule, according to the rules and regulations of the Central Bank of Nigeria or by such other means as PaySabil may elect to use. If PaySabil is unable to reach a Receiver to arrange disbursement within thirty days, PaySabil will make commercially reasonable efforts to refund the full amount of donation to the applicable Donor less all applicable fees.
8. Further Service Understandings
Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the Terms. You understand and agree that the Service is provided AS-IS and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings.
As a Donor, you are solely responsible for all donations made. All donations are made voluntarily and at your sole discretion and risk. PaySabil doesn’t guarantee that donations will be used as intended by the donor. PaySabil does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any donation or organization, or the truth or accuracy of the content (such as but limited to News, Programs, Events, Projects) posted on the Service. You are solely responsible for determining how to treat your donation.
To comply with federal, state and local laws, the Receiver must provide PaySabil with proof of registration and compliance with relevant regulatory bodies, and clear authorization from its board of trustees/owners to receive donations, including a reference letter from the bank branch where its account is domiciled, before being listed on the platform
11. Prohibited Activities
In addition to the activities listed in the Conduct section below, Users of this platform are specifically prohibited from activities that violate any third-party terms or policies. Users are also not allowed to act in any way that violates national, state and local laws related to online commerce.
The following is a partial list of prohibited activities on or through the Site/Mobile Application: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on PaySabil’s hardware or software infrastructure; (3) sending SPAM to PaySabil users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site/Mobile Application; (5) engaging in, facilitating, or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts PaySabil users to a third party; (7) submitting Content that infringes a third party’s intellectual property rights, or is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading;
12. Set Up Obligations
In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself and your Organization as prompted during the setup process and any later administration processes (such information being the Set Up Data) and (b) maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PaySabil has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PaySabil has the right to suspend or terminate your use of the Service and refuse all current or future use of the Service (or any portion thereof).
13. Security and Compliance
The user keeps the confidentiality of the Login Services and is fully responsible for all activities that occur with Login Service account as it relates to the Service. The user agrees to immediately notify the Company of any unauthorized use of the Login Service account or any other breach of security as it relates to the Service. The Company cannot and will not be liable for any loss or damage arising from failure to comply with this Section.
14. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding electronic commerce and charitable funding, and regarding the transmission of technical data exported from Nigeria or the country in which you reside
You agree to indemnify and hold PaySabil, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
16. Force Majeure
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such an event, the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
17. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service or if agreed to by written consent from the Company.
18. Modifications to Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company will not be responsible to you for refund, in whole or part, of the Service fees for any reason. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that the Company, in its sole discretion, may terminate your use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any Service Fees or other moneys due the Company, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may take effect without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Information and/or bar any further access to such files in the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Service.
The Company may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21. Publishing and Communications
By creating their Campaign or publishing content, Campaign Owners and Contributors agree to their campaign images, videos, text or excerpts being made available for discovery in our Service Find pages and search engine results, as well as their appearance in Service-related communications or promotions or in news articles or reports on published on news media websites or print publications. Campaigns may be used as part of advertising campaigns to promote either the campaign or the Service in print, online or mobile. Private Campaigns will not be published in this manner.
22. Proprietary Rights
You acknowledge and agree that the Service and any necessary software (Software) used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The graphics, icons, and overall appearance of this Site are the property of PaySabil. The posting of information, documentation, and other content does not constitute a waiver of any of PaySabil’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by Nigerian and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site.
The Company grants you a limited, revocable, non-transferable and non-exclusive right and license to use the Service subject to your eligibility and continued compliance with these Terms; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) to obtain unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces or APIs that are provided by the Company for use in accessing Service.
24. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
25. Limitation of Liability
USE OF THE SITE AND/OR SERVICE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICE.
You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold PaySabil harmless from any cost, damage, or other injuries that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY SABIL TECHNOLOGIES LIMITED FROM ITS OFFICES WITHIN THE NIGERIA. PAYSABIL MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE NIGERIA. YOU MAY NOT ACCESS THE SITE FROM A LOCATION OUTSIDE NIGERIA.
Notices to you may be made via either general posting on the site, email or regular mail to your address of record. The Company may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. If you have any questions about these Terms, the practices of the Site, or your dealings with PaySabil, please e-mail email@example.com.
27. Trademark Information
PaySabil trademarks and service marks, and other Company logos and product and service names are owned by and / or trademarks of Sabil Technologies Limited. Without the Company’s prior permission, you agree not to display or use in any manner, the PaySabil Marks. PaySabil business partners and third-party trademarks are the property of their respective owners.
28. General Information