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Flutterwave Terms and Conditions

These Website Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your access to and use of this website, including all pages within this website (collectively referred to as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.

PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE BEING AGREED TO BE BOUND BY ITS TERMS.

Age Restriction

Our website and services are directed to people from the ages of 18 and above. We do not knowingly engage in people younger than the age of 18.

Intellectual Property

Unless otherwise stated, Flutterwave and/or its licensors own the intellectual property rights and materials on the website subject to the license below. We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

License to Use Our Website

We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

The services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Nothing in this Term gives you a right to use the Flutterwave name or any of Flutterwave’s trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of Flutterwave and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Flutterwave and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.

Who May Use Our Services?

You may use the Services only if you agree to form a binding contract with Flutterwave and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

Warranty Disclaimer

FLUTTERWAVE WILL ALWAYS ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG FREE. HOWEVER, IT IS USED AT YOUR OWN RISK

WE PROVIDE ALL MATERIALS “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAVEPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INNACCURACIES, AND ERROR FREE. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.

Limitation of Liability

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: FLUTTERWAVE WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER FLUTTERWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF FLUTTERWAVE’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RUSULT OF USE OF FLUTTERWAVE’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRITIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby indemnify Flutterwave and undertake to keep Flutterwave indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these Terms

Without prejudice to Flutterwave’s other rights under these Terms, if you breach these Terms in any way, Flutterwave may take such action as Flutterwave deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Cookies

Like many other websites, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.

Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.

Governing Law

These Terms shall be interpreted and governed in accordance with the Laws of the State of California and you submit to the non-exclusive jurisdiction of the State and Federal Courts located in California for the resolution of any dispute.

General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on www.flutterwave.com will govern our relationship with you. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. Flutterwave’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

PROHIBITED AND REQUIRING PRE-APPROVAL SUB-MERCHANT TYPES

SUB-MERCHANTS REQUIRING PRE-APPROVAL

Flutterwave shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities unless the Flutterwave is entering into a broad-based program with a recognized referral, technology or marketplace partner that specializes in these types of activities or businesses and such program is pre-approved by Flutterwave in its sole discretion:

  1. Age Restricted Products or Services.
  2. Any Sub-merchant where the anticipated % of International Card Sales is expected to be greater than 20% of total sales.
  3. Bail Bond Services or Bankruptcy Lawyers.
  4. Crowd Sourced Fundraising, as defined by Flutterwave from time to time, except however, Crowd Sourced Fundraising shall not be allowed for the purchase of stock or equity, a promise made to deliver a good or service in the future, or there is no consideration in return for the payment or donation.
  5. Dating Services.
  6. NGO / Charities.
  7. Money Transfer, Wire Transfers, Money Orders, Transmitters, and Check Cashing including merchants unless registered and licensed as a Money Service Business or Money Transfer Operator.
  8. Payment Facilitators (unless Registered & Licensed)
  9. Personal Enhancement Products and/or Nutraceuticals.

PROHIBITED SUB-MERCHANTS

Flutterwave shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities as may be updated by Flutterwave in its sole discretion from time to time as they are Prohibited by Flutterwave and/or the Card Brand rules:

  1. Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Brands.
  2. Any Merchant selling goods or services that represent a violation of any law, statute or regulation.
  3. Any Merchant selling products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark or trade secrets of any third party, such as many Cyberlockers.
  4. Any Merchant accepting a card as payment for a dishonored check or for an item deemed uncollectible by another merchant.
  5. Any Merchant that accepts a card at a scrip-dispensing terminal.
  6. Adult entertainment and/or adult content websites including Electronic Commerce adult content (videotext) merchants that would include MCC’s 5967, 7273 and 7841.
  7. Bestiality.
  8. Brand or Reputational damaging, potential or otherwise, activities including Child Pornography, Escort Services, Mail Order Brides, Occult.
  9. Digital Wallet, Cryptocurrency or Prepaid Companies.
  10. Drug Paraphernalia.
  11. e-Cigarettes.
  12. Firearms and weapons including Ammunition.
  13. Internet/Mail Order Pharmacies.
  14. Investment or “get rich quick” merchants, businesses or programs.
  15. Marijuana dispensaries and related products or services.
  16. Multi-Level Marketing Businesses.
  17. “Negative option” marketing, renewal, or continuity subscription practices; marketing activities involving low-dollar trails, “pay only for shipping,” and/or “free trial” periods after which a credit card is charged periodically and/or a significantly larger amount.
  18. Pawn Shops.
  19. Pseudo Pharmaceuticals.
  20. Psychics and “occult” businesses.
  21. Quasi-Cash or Stored Value.
  22. Substances designed to mimic illegal drugs.
  23. Transacting Virtual Currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.

GENERAL

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on www.flutterwave.com will govern our relationship with you. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

Last updated: 1st September, 2017