Kinging LLC ("Kingspay", "we", or "us"). By accessing or using content; services and
materials on Kingspay's website located at
(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
the use of the Service and upon your acceptance, constitute a binding agreement between you
By accessing or using content; services, and materials on the website located at
(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.
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
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.
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
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
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
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.
The usual and customary charges for any services rendered by collaborating providers
profiled on the site will apply and will be entirely your responsibility.
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.
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.
You agree that you shall not create user accounts by automated means or under false or
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.
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.
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.
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.
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
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.
16.1 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
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.
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.
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:
a copy of a Government-issued ID (Passport, Driver's Licence or National ID Card);
a copy of a recent utility bill showing your name and address (less than three (3) months
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.
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
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
23.1.5 any reversals for any reason by the card network/scheme, our processor, or the
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
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.
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
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
Funds could be inaccessible during a certain period
NOTE: All expenses arising during the investigation process shall be borne solely by
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:
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.
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.
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
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
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.
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.
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:
any time without notice to you.
We advise that you check this page often, referring to the date of the last modification on
and/or Services immediately.
If you have any complaints or reservations about us or any of the Services we provide, you
may contact us via: