These Terms of Use (the "Terms") represent a legally binding contract between you and Kinging LLC ("Kingspay", "we", or "us"). By accessing or using content; services and materials on Kingspay's website located at https://kingspay-gs.com/ (the "Website"), any of the services provided therein (collectively, the "Services") and the materials may include logos, text graphics, videos, images, photos, software and other content (collectively, the "Materials"), you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree with any of these Terms, do not access or otherwise make use of Kingspay’s services.

Nature and Applicability of Terms

These Terms of Use (as amended from time to time by Kingspay in its sole discretion) govern the use of the Service and upon your acceptance, constitute a binding agreement between you and Kingspay. Please read these Terms of Use carefully before accessing or using the Service.

By accessing or using content; services, and materials on the website located at https://kingspay-gs.com/ (the "Website"), any of the services provided therein (collectively, the "Services") and the materials which may include logos, text graphics, videos, images, photos, software and other content (collectively, the "Materials"), you agree that you have read, understood, accept and agree to be bound by these Terms.

Each time you access or use this Service, you, and if you are acting on behalf of a third party, such as an employer or a patient, such third party, agrees to be bound by this Terms of Use whether or not you register with us. If you do not agree to be bound by the Terms of Use, you may not access or use our Website or the Service.

If you agree to each of the Terms of Use, check the “I ACCEPT” or “I AGREE” button at the bottom of these Terms of Use.

1. About Us:

Kingspay (“Kingspay”, “We”, “Us”, or “Our”) offers a payment solution platform via the deployment of physical Point of Sale devices and checkout points integrated into a web-based store.

Kingspay may vary the Services from time to time at its absolute discretion, and the users shall be notified of any such variations where necessary. Any changes will be posted on the Website(s) This “Terms of Use” is an Agreement between you and Kingspay. It details Kingspay’s obligations to you. It also highlights the risks of using our Services, and you must consider such risks carefully as the provisions of this Agreement will bind you through your use of this Website or any of our Services.

2. Privacy Notice:

Kingspay is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.

3. Registration:

To use our Platform, you have to create an account by registering. To register, you will provide us with certain information that personally identifies you, such as your email, first name, last name, and phone number. We may seek to verify your information (by ourselves or through third parties) after which we will approve your account unless deemed risky to our business. You permit us to do all these. You have the right to refuse to authorise the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilise some features of the Services we provide.

Some aspects of the Services or the Services in their entirety may not be available in all locations, and we may block access to some or all of the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are or are not available, are partially or fully available, at any time, without notice to you. Our site is intended principally to facilitate payment between willing parties. No information on this website is intended to amount to advice, recommendation, or inducement to participate in any trade or deal with any User.

Where necessary, Users must seek professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In particular, please note that we are a technology business. We do not provide trade or financial advice of any kind. We, therefore, disclaim, to the fullest extent possible under law, liability in relation to the foregoing.

5. Identity Authentication

We use many techniques to identify users when they register on the platform. Verification of Users is only an indication of the increased likelihood that a User's identity is correct. You authorise us to, directly or through third parties, make any inquiries we consider necessary to validate your registration. This may include verifying the information you provide against third-party databases. In addition, we reserve the right to employ other means of verification of authenticity for transactions we deem suspicious or for accounts conducting high value or high volume transactions to ensure the integrity of the transactions and we may thus delay the execution of such instructions.

6. Change of Information:

In the event that you change any information provided to us at registration, including your address, you agree to notify us within 7 (seven) days of such change. We may be unable to respond to you if you contact us from an address, telephone number, or email account that is not registered with us.

7. Representations and Warranties:

You represent and warrant to Kingspay that:

  • You have full power and authority to enter into, execute, deliver and perform this Agreement;
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;
  • Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete;
  • You do not use the Services to conduct a Restricted Business, transact with any Restricted Business, or enable any individual or entity (including you) to benefit from any Restricted Business;
  • Your employees, contractors and agents are acting consistently with this Agreement;
  • You comply with the Documentation;
  • You will keep all information up-to-date and;
  • You accept and agree to these Terms.

8. Account Security:

You agree not to allow anyone else to access or use your password details and comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Kingspay will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Kingspay Services (including, without limitation, using PIN and/or password-protected personally configured device functionality to access Kingspay services and not sharing your device with other people). You are responsible for securely managing your password(s) for the Services and to contact Kingspay if you become aware of any unauthorised access to your Account.

You hereby grant us the right to conduct any investigation, in any manner, we deem fit, on your background and operations, including but not limited to credit background checks, banking relationships and financial history. In addition, you hereby give us your consent to disclose the details of any investigation conducted pursuant to this clause, to the Payment scheme, processors, Bank partners and/or regulators, without recourse to you.

9. Links to or Connections with Third-Party Sites or Applications :

Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, "Third Party Content''). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, "Third Party Services"). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind.

10. Responsibilities:

By agreeing to these terms of use, you agree to the following responsibilities:

  1. The usual and customary charges for any services rendered by collaborating providers profiled on the site will apply and will be entirely your responsibility.
  2. You are responsible for all use of the site and for all use of your Credentials, including use by others to whom you have given your credentials.
  3. You agree that you shall not copy, modify, adapt, translate, or reverse engineer any portion of the site, its content or materials, and/or the services.
  4. You agree that you shall not create user accounts by automated means or under false or fraudulent pretences.
  5. It is within your responsibility to refrain from collecting or storing personal data about other users in connection with the prohibited activities contained within this agreement.
  6. You shall not use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the services.
  7. You shall not access, retrieve, or index any portion of the site and/or the services to construct or populate a searchable database of reviews related to the services provided.
  8. You shall promptly update us with any changes to your account details.

11. Unacceptable Use:

You shall not permit any person using your Device or Account to:

  • use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
  • store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
  • conduct any fraudulent or illegal activities via the Platform;
  • Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorised by Kingspay or by applicable statutory law), modify or alter any part of the Services;
  • Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity); Improperly use support channels or complaint buttons to make false reports to Kingspay;
  • Encourage any third party to (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent, or other invalid means; (ii) edit or modify any tag or remove, obscure or minimise any tag in any way; or (iii) engage in any action or practice that reflects poorly on Kingspay or otherwise disparages or devalues Kingspay's reputation or goodwill;
  • Make representations (with respect to Kingspay) which are not approved in advance and in writing by Kingspay. You shall obtain Kingspay's prior written approval to the content of any marketing message and with respect to any use of Kingspay's trade name and/or trademarks and/or designs in connection with the Services and Materials;
  • Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, /identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
  • Attempt to use the Services on or through any other platform or third-party service provider that Kingspay does not authorise. Any such use is at your own risk and may subject you to additional or different terms. Kingspay takes no responsibility for your use of the Services through any platform or third-party service provider that is not authorised by it;
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services;
  • Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users;
  • You hereby understand and agree that if fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report it to the appropriate law enforcement agencies.

This list of prohibitions provides examples and is not exhaustive or exclusive. Kingspay reserves the right to terminate your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that Kingspay determines is inappropriate or disruptive to the services or any other user of the services. Kingspay may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at Kingspay's discretion, Kingspay will cooperate with law enforcement agencies and regulatory bodies in any investigation of alleged illegal activity on the Services or the internet.

12. Suspension of Activated Mandates.

12.1 Without recourse to you, we may suspend any activated mandate, or payment instruction initiated by you if;

12.1.1 We consider such suspension would be in the interest of any of the stakeholders on the platform; or

12.1.2 There are reasonable grounds to suspect a compromise of security or any unauthorised activity on your registered bank account or profile on the Platform.

12.2 Further to clause 12.1.1, you understand that such a suspension may impact your ability to initiate any transaction, activate another debit against a suspended mandate or complete any duly authorised transaction for the duration of such suspension. In such an instance, we shall not be liable to you for any reason whatsoever.

13. Access and Interference

You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to attempt to interfere with the proper working of the Kingspay site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Most of the information on our site is proprietary or licensed to us. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from our website without our prior express written permission.

14. Viruses

We do not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme, phone, devices and platform in order to access the Websites and mobile app. You should use your own virus protection software. You must not misuse the Websites/mobile app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

15. Intellectual Property:

15.1 Our Content:

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of Kingspay and/or its third-party licensors. Our content is protected by Nigerian and international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel or otherwise, any licence or right to use our content except as expressly stated in the Agreement.

15.2 Our Partners' Intellectual Property:

Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our "Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from, or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.

16. Disclaimer:

16.1 Services Disclaimer

The content of the Services that you obtain or receive from Kingspay, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services are for your use (as described above) only.

16.2 Disclaimer of Warranties

We try to keep Kingspay available at all times, bug-free and safe. However, you use it at your own risk.

Our Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Kingspay makes no warranty that our Website and Services will meet your requirements or that our Website will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you through our Website or from Kingspay, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Kingspay parties") shall create any warranty.

17. Limitation of Liability:

You agree to the limited liability clause to the maximum extent permitted by applicable law: Kingspay will in no way be liable for any direct, indirect, incidental, punitive, consequential, special, or exemplary damages or damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Kingspay’s systems requirements. Kingspay shall also not be liable for any damages, including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption, fraudulent or illicit acts perpetrated by users or any other intangible losses (whether Kingspay has been advised of the possibility of such damages or not) arising out of Kingspay’s website or services (including, without limitation to inability to use or arising from the result of the use of Kingspay’s website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

18. Indemnification:

You agree that if you are in breach of this Agreement or the documents it incorporates by reference, or if you violate any law or the rights of a third party in connection with your use of the service, we shall not be responsible for any damage, loss, liability or third party claim you incur wholly or partly by your breach or violation.

You agree to indemnify and hold Kingspay and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defence) Kingspay or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person on your behalf, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

19. Exclusions:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Kingspay Party's liability shall be the minimum permitted under such applicable law.

20. Payment

In order to use certain Site Services, the User must provide account information for at least one valid payment option.

Payments through credit cards and debit cards are collected online by third-party. The User is asked to enter the card number, the expiry date of the card, and its security number. No data is saved. The money is deducted once the user clicks on ‘Pay Amount’. The transactions are 100% secure.

By initiating transactions through the Site or by authorising payments through Kingspay, the User represents that: (a) User is legally authorised to provide such information; (b) User is legally authorised to make payments using Kingspay; (c) if the User is an employee or agent of a company or person that owns the payment options, that User is authorised by the company or person to make payments on Kingspay; and (d) such actions do not violate the terms and conditions applicable to the User’s use of such transaction or applicable law.

When the User authorises a payment via the Site, the User represents that there are sufficient funds or credit available to complete the payment. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from the User’s payment options(s), the User is solely responsible for paying such amounts by other means.

Kingspay reserves the right to request additional information from the User, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

  1. a copy of a Government-issued ID (Passport, Driver's Licence or National ID Card);
  2. a copy of a recent utility bill showing your name and address (less than three (3) months old);

Kingspay is not liable to any User if Kingspay does not complete a transaction due to any limit by applicable law or your financial institution or if a financial institution fails to honour a debit from an account associated with such payment. Kingspay will make commercially reasonable efforts to work with any affected User to resolve such transactions in a manner consistent with this Agreement and any applicable Instructions.

21. Tax

Kingspay Fees are exclusive of taxes. Kingspay does not collect taxes it is not required to collect, but Kingspay may be required by the applicable law to collect certain taxes or levies, including income tax or sales tax. These collection requirements and rates may change based on changes to the law in your area. Any amount Kingspay is required to collect or withhold for the payment of any such taxes shall be collected in addition to the fees owed to Kingspay under the Terms of Use.

22. Chargebacks, Refunds and Reversals

23.1 As a registered user on Kingspay, we may apply chargebacks against your collection accounts for:

23.1.1 disputed payments reported by a Payer to which satisfactory evidence of goods and service delivery could not be provided by you,

23.1.2 transactions that we suspect to be unlawful;

23.1.3 transactions that are prohibited under this Agreement;

23.1.4 transactions that do not comply with card network/scheme rules or the terms of this Agreement or

23.1.5 any reversals for any reason by the card network/scheme, our processor, or the participating banks.

23.2 Where a chargeback occurs, you shall become immediately liable for all claims, fines, liabilities and expenses we incur arising out of that chargeback.

23.3 As a beneficiary of any form of payment on Kingspay, if it is established that your account was erroneously credited with a value (“Wrongful Payment”), appropriate reversals will be triggered against such account into which the Wrongful Payment was credited till the entire amount is fully reversed. Wrongful Payments include but are not limited to (a) unfunded payments, (b) multiple payments for the same set of transactions and (c) fraudulently processed payments.

23.4 We do not guarantee or assume any liability for transactions authorised and completed that are later reversed or charged back. You are solely responsible for all reversed or charged-back transactions, regardless of the reason, basis, or duration of the reversal or chargeback.

22.5 You hereby grant us the unconditional right to deduct any amount, fee, fine or penalty due to be paid by you as a result of any reversals, chargebacks, or violation of card scheme rules. You agree that we shall debit your collection account or any account linked to your BVN to enable us to recover any fee, fine or penalty and/or set-off the applicable amounts against future settlements due to you.

22.6 We shall not be involved in any repayment claim from you after a chargeback claim has been successfully settled in favour of a customer.

23. Charges

Bank/financial institution fees will be charged on the payable amount and will depend on the chosen payment options. Such fee will be reflected on the Platform when choosing a payment option and will be charged automatically while processing payment transactions.

24. Payment Investigation

Where the User discovers that payment has failed (i.e. account is debited, but the payment page displays an error message of transaction failed), the User has the right to initiate the investigation by notifying Kingspay of the payment problems. The User should comply with the notification procedure indicated in this Terms of Use.

Kingspay will investigate the User’s case and notify the User of the investigation results. The time needed to complete an investigation will be set on a case-by-case basis.

Kingspay reserves the right to suspend the User's account and to lock the User’s funds in accordance with the Terms of Use, including for investigation purposes, which means that the Funds could be inaccessible during a certain period

NOTE: All expenses arising during the investigation process shall be borne solely by the User.

25. Extended Non-use

Your non-use of our platform for an extended period does not terminate this contract. Any monies due and payable by you to us before, during or after the period of your passivity shall remain payable and become due immediately upon your reactivation. Termination or non-use shall not relieve the continuing obligations under this Agreement, including but not limited to the requirements in Clauses (18) Indemnification, (13) Access and Interference, and (15) Intellectual Property Rights of this Agreement.

26. Applicable Law:

These Terms of Use shall be interpreted and governed by the laws of the State of Delaware and applicable Federal laws of the United States of America.

27. Dispute Resolution:

Any dispute arising out of or relating to this Agreement, including any question regarding its existence, validity, contractual obligation, or termination by the Parties, shall be settled through amicable discussions between the Parties if any such dispute is not settled between the Parties within thirty (30) business days.

If any such dispute is not settled amicably between the Parties within 30 (thirty) Business Days, then such dispute or claim shall be settled by the courts of Delaware.

28. Notice.

We may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your Account.

Such notice shall be deemed to have been given upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 (twelve) hours after sending (if sent by email or telephone). You may give notice to Us, with such notice deemed given when received by Kingspay, at any time by first class mail or pre-paid post to our registered office address for service of process or email for general communication.

29. Termination:

You may terminate this Agreement by closing your Account.

We may suspend your Account and your access to our Services and any funds or terminate this Agreement if:

  • you do not comply with any of the provisions of this Agreement;
  • we are required to do so by Law;
  • we are directed by a financial institution; or
  • where a suspicious or fraudulent transaction occurs.

If you violate these Terms or any of our User T&Cs on the Website, Kingspay reserves the right to issue you a warning regarding the violation or to terminate or suspend your use of the Services immediately. We may also prohibit your use of the website by blocking computers using your IP address from accessing the website or contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you where there has been a violation of these Terms of Use. You agree that Kingspay does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice at its sole discretion.

You agree that you will comply fully with these Terms of Use and all applicable domestic and international laws, regulations, statutes, and guidelines that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.

30. Force Majeure.

Kingspay and its Affiliates will not be liable for any losses, damages, or costs you suffer, or delays in Kingspay or its Affiliates’ performance or non-performance, to the extent caused by a Force Majeure Event.

31. Severability:

Where any portion of this Terms of Use is deemed invalid or unenforceable either in whole or in part by any court or tribunal, such part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

32. Assignment

Kingspay may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

33. Updates, Modifications, and Amendments:

As our technology evolves, we may need to update, modify, or amend our Terms of Use, tools, utilities, or general updates. We reserve the right to make changes to this Terms of Use at any time without notice to you.

We advise that you check this page often, referring to the date of the last modification on the page to ensure you are familiar with the current version of the Terms of Use. If a User objects to any of the changes to the Terms of Use, the User must cease using our Website and/or Services immediately.

34. Complaints:

If you have any complaints or reservations about us or any of the Services we provide, you may contact us via: kingspay@joinkingschat.com