We reserve the right to amend this Agreement (and all the other Policies and Agreements referred to above) at any time by posting a revised version of it on the StoreMantis website. The revised version will become effective as soon as it is posted on the website. Also, if any of the amendment includes a substantial change, we will provide you with at least 30 days prior notice by sending on e-mail to the e-mail address listed by you.
This Agreement is an important document which you must read and consider carefully when choosing whether to use the StoreMantis services at any time.
This Agreement also highlights certain risks on using the services together with guidance on how to safely carry out online payments/transfer with StoreMantis.
You must consider such risks carefully because you will be bound by the provision of this agreement.
StoreMantis Is Only A Payment Service Provider:
StoreMantis's main business is the issuance of E-Money and the provisions of services closely related to issuance of E-Money. The services being rendered by StoreMantis is limited to E-Money and this does not qualify as a deposit or investment service in the sense of the law.
StoreMantis is an independent contractor for all purposes. StoreMantis does not have control for nor assumes the liability or legality for the products or services that are paid for with our service.
We do not guarantee the identity of any user or ensure that a buyer or seller will complete a transaction.
Note also that there are risks with dealing with underage persons or persons acting under false pretences.
StoreMantis is providing this site on an independent service provider basis and makes no representation or warranties.
PRIVACY OF OTHERS:
If you receive information about another user through our service, you MUST keep the information confidential and use it only for legal purposes in connection with the Services. You shall not disclose or distribute a StoreMantis's user information to a third party or use the information for marketing purposes unless you receive the user's express consent and/or instruction to do so. You shall not use any information about a StoreMantis's user for any illegal or unauthorized purpose.
The URLS representing StoreMantis website with all related logos of our products and services in our website are either copyrighted by StoreMantis, trademarks or registered trademarks of StoreMantis or its licensor(s).
In addition, all page headers, custom graphics, scripts, buttons icons are either copyrighted by StoreMantis, trademarks. You shall not copy, imitate, amend, alter or use them without prior written consent of StoreMantis.
You shall not transfer or assign any rights or obligations you have under this agreement without notifying StoreMantis, and also seek StoreMantis's prior written consent. StoreMantis reserves the right to assign this agreement to right or obligations under this Agreement at any time.
StoreMantis may communicate notices to you by posting it on the StoreMantis website; or sending it to the e-mail address listed in your Account.
With Exception to the amendments to this agreement, such notices shall be considered to be received by you within 24 hours of the time it is posted to StoreMantis Website or within 24hours of the time it was sent to E-mail address.
Notice to StoreMantis made in connection with this Agreement may be sent through e-mail to support@StoreMantis.com.
To be eligible for services rendered by StoreMantis, you must be at least 18yrs old.
Also, you must be of sound mind to understand the nature of the transactions you want to carry out.
You agree to always co-operate with StoreMantis with investigations on fradulent transactions by providing acces to any information that may be required of you.
The fees StoreMantis will charge for its services are provided as an hyperlink on the StoreMantis website. However we reserve the right to amend it at anytime. Notice shall be given to you upon the amendment. You shall be notified in the mode all other amendments will take.
In connection with your use of our website, your account or the services, or in the course of your interactions with StoreMantis, a user or a third party, you will not:
a. Breach this Agreement (including, without limitation, opening multiple StoreMantis accounts), the Acceptable Use Policy or any other agreement that you have entered into with StoreMantis (including a Policy).
b. Breach any law, statute, contract, or regulation for example those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising.
c. Infringe StoreMantis's or any third party's Copyright, Patent, Trademark, Trade Secret or other intellectual property rights, or rights of publicity or privacy.
d. Act in a manner that is absence, defamatory, libelous, unlawfully threatening or unlawfully threatening or unlawfully harassing;
e. Provide false, inaccurate or misleading information;
f. send what we reasonable believe to be potentially fraudulent or unauthorized funds;
g. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
h. attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both StoreMantis and the seller, bank, or card company for the same transaction;
i. Use an anonymizing proxy;
j. control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
k. conduct your business or use the Services in a manner that results in or may results in complaints, disputes, claims fees, fines, penalties and other liability to StoreMantis, a user, a third party or you;
l. receipt by StoreMantis of excessive complaints regarding your account or business;
m. have a credit score from a credit reporting agency that indicate a high level of risk associated with your use of the services;
n. use your account or the services in a manner that StoreMantis or our bank acquirer and/or payment processors reasonably believe to be an abuse of their system;
o. Allow your account to have an amount reflecting an amount owning to us or otherwise undertake activity that does or may present a credit or fraud risk to us;
p. disclose or distribute another user's information to a third party, or use the information for marketing purposes unless you receive the user's express consents to do so;
q. send unsolicited, email to a user or use the Services to collect payments for sending, or assisting in sending unsolicited email third parties;
r. Take any action that imposes an unreasonable or disproportionately large load in our infrastructure.
s. facilitate any viruses Trojan horses, worms or other computer programming routines that may damages, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
t. use any robot; spider, other automatic device, or manual process to monitor copy your website without our prior written permission;
u. use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
v. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, policy display or frame any content from the Website(s) without any applicable third party's written consent.
w. take any action that may cause us to lose any of the services from our internet service providers, payment processors or other suppliers
x. reveal your account password(s) to anyone else nor may you use anyone else's password. We are not respondsible for losses incurred by you including without limitation the use of your account by any person other than you arising as a result of misuse of passwords;
y. do or omit to do, attempt to do or omit to do any other act or thing which may interfere with the proper operation of the services or activites carried out as part of the sevices or otherwise than I accordance with the terms of this agreement
YOUR LIABILITY - ACTIONS WE MAY TAKE
You are responsible for all Claims, fees, fines, penalties and other liability incurred by StoreMantis, a StoreMantis user or a third party caused by your use of the Services and or arising out of your breach of this Agreement. You agree to reimburse StoreMantis, a user, or a third party for any and all such liability.
Actions by StoreMantis; If we have reason to believe that you have engaged in any Restricted activities, we may take various actions to protect StoreMantis, a seller, a User, a third party, or you from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. we may close, suspend, or limit your access to your account or the services (such as limiting access to any of your funding sources, and your ability to send money, or remove financial information).
c. We may request information from you or otherwise update inaccurate information you provided us;
d. We may refuse to provide our services to you in the future; and
e. we may take legal action against you.
Account Closure And Limited Access:
At our sole discretion (acting reasonably), we may close your account and terminate this Agreement with you at any time where expedient to do so. If we close your account, we will provide your with notice of Account closure and where practicable, the reasons for closing your account. If we limit access to your account, we will provide you with notice and opportunity to request restoration of access if appropriate.
Acceptable Use Policy Violation:
If you violate the Acceptable Use Policy as set forth below, then we hold you liable for up to N3,000,000 for each such violation and may take legal action against you to recover additional losses we incur. You acknowledge and agree that an amount up to N3,000,000 is presently a reasonable minimum estimate of StoreMantis's damages, considering all currently existing circumstances, including the relationship of the sum of the range of harm to StoreMantis that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. StoreMantis may deduct such fines directly from any existing balance in the offending account, or any other StoreMantis account you control. The specific activities that may subject you to fines by StoreMantis
a. Using the Services to receive payments for any sexually oriented or obscene materials or services in violation of the Acceptable Use Policy; or
b. Using the Service to receive payments for any narcotics, tobacco, other controlled substance, steroids or prescription drugs in violation of the Accepable Use Policy. Legal Fees for Acceptable Use Policy Litigation:
If either you or StoreMantis commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorney's fees and costs from the other party and such other party shall commit to bear such costs in addition to any other relief to which it may be entitled.
Errors And Unauthorized Transactions:
It is very important that you immediately notify StoreMantis if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction sent from the your account; (ii) there has been an unauthorized access to your Account; (iii) your password has been compromised;, or (iv) someone has transferred or may transfer money from your account without your permission (collectively called "Improper Account Access"). In order for you to notify StoreMantis immediately of any of the above events, you commit to monitor your E-money account closely on a regular basis. We will not seek to hold you liable for any unauthorized use of your account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your StoreMantis ID and/or password/PIN. We will hold you liable for unauthorized use of your account if we do have evidence that you acted deliberately so as to enable any third person to gain access to your StoreMantis ID and/or password/PIN.
Notifying StoreMantis of Errors and/or Unauthorized Transactions:
To notify us if you believe there has been or will be an error or unauthorized transaction on your account, immediately, send a e-mail to support@StoreMantis.com
Liability for Unauthorized Transactions:
If you report and we verify that there has been an improper account access related to your account, and after investigations, we concluded that you are not liable, we will reimburse you in full for all unauthorized transactions sent from your account that occur within 60 days of the time that you knew or should have known about the improper Account Access. If you do not report the improper account access StoreMantis within 60 days of the time that you know or should have known about it, we will still reimburse you in full for all unauthorized transactions sent from your account that took place within or before that.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Limitations of Liability:
We shall only be liable to your for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
a. In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the person we enter into contracts with be liable for any of the following types of loss or damage arising under to in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:
(i) Any loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
(ii) Any loss or corruption of data: or
(iii) Any indirect or consequential loss or damage whatsoever.
b. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from either our or our subcontractor's negligence or to the extent such limitation or exclusion is not permitted by applicable law.
We provide the Service to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this agreement. StoreMantis does not have any control over the products or services that are paid for with our Service and StoreMantis cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. StoreMantis does not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our website(s) may be interfered with by numerous factors outside of our reasonable control. You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or service. StoreMantis will make reasonable efforts to ensure that request for electronic debits and credits involving bank accounts and debit and debit and credit cards are processed in a timely manner. We will endeavour to redeem E-money within 10 business days of the request for redemption being made but StoreMantis makes no representatives or warranties regarding the amount of time needed to complete processing because our service is dependent upon many facts outside of our control, such as delays in the banking system or card networks. We make every effort to ensure that the information contained in our correspondence, reports, on the Website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.
INDEMNIFICATION / RE-IMBURSEMENT:
You agreed to defend, re-imburse or compensate us (known in legal terms to "Indemnify") and hold StoreMantis, or other companies in our corporate group, the people who work for us or who are authorized to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your, your employees or agent's breach of this Agreement, breach of any law and/or use of the service.
COMPLETE AGREEMENT AND THIRD PARTY RIGHTS:
This Agreement sets forth the entire understanding between you and StoreMantis with respect to the service. as should survive, will survive the termination of this Agreement. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be enforced. A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of third party which exists or is available apart from that Act.
StoreMantis and its licensors grant you a limited nonexclusive license to use StoreMantis's software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all StoreMantis documentation accompanying the services. If you do not comply with StoreMantis implementation and use requirements you will be liable for all resulting damages suffered by you, StoreMantis and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to StoreMantis's software are owned by StoreMantis.
a) 'Account' or 'StoreMantis Account' means a personal or business Account.
b) 'Agreement' means this agreement including all subsequent amendments.
c) 'Authorize' or 'authorization' means you authorize a person to collect a payment from your account.
d) 'Business Account' means an Account used primarily for business purposes and not for personal, family or household purposes.
e) 'Buyer' means a user who is buying goods or services and/or using the services to send payment or transfer e-money.
f) 'days' means calendar days
g) 'E-money' means monetary value as represented on an electronic device, issued on receipt of funds, and accepted as a means of payment by persons other than StoreMantis. E-money, Money and funds are used interchangeably.
h) 'StoreMantis', 'we' or 'us' means StoreMantis website a unit of Intermatics Software Services incorporated under the Nigerian laws.
i) 'StoreMantis website' means any Urls that we provide the services to you.
j) 'user', 'you' or 'your' means you and any other person or entity using this service including your agents or representative.
k) 'Policy' or 'policies' means any policy or other agreement between you and StoreMantis that you entered into on the StoreMantis website or in connection with your use of the services.
l) 'substantial change' means a change to the terms of this agreement that reduces your rights or increases your responsibilities.
m) 'verified' means that you have completed our verification process in order to help establish your identity with StoreMantis. Verification does not constitute an endorsement of a user or guarantee a user's business practices.
StoreMantis ACCEPTABLE USE POLICY.
YOU ARE independently responsible for complying with all applicable laws in all of your actions related to your use of StoreMantis's services regardless of the purpose of the use. In addition, you must adhere to terms of this acceptable policy.
You may not use StoreMantis service for activities that:
1. Violate any law, statute, regulation, or ordinance
2. Relate to sales of
i) Narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety,
ii) Drug paraphernalia,
iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity,
iv) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
v) items that are considered obscene,
vi) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
vii) certain sexually oriented materials or services, or
viii) certain firearms, firearm parts or accessories, ammunition, weapons or knives
ix) any form of terrorist activity
3. relate to transactions that :
a) show the personal information of third parties in violation of applicable law,
(b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
(c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
(d) are for the sale of certain items before the seller has control or possession of the item,
(e) are by payment processors to collect payments on behalf of merchants,
(f), are associated with the sale of traveler's checks or money orders,
(h) involve currency exchanges or check cashing businesses, or
(i) provide certain credit repair or debt settlement services
4. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
5. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from StoreMantis and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
GOVERNING LAW AND COMPLAINCE:
i. This Agreement shall be governed by and construed in all aspects in accordance with the laws of Nigeria and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of Nigeria.
ii. The parties hereto each undertakes to comply with all laws and regulations as may be applicable to the performance of its obligations under this Agreement.
iii. Any dispute arising in connection with the interpretation or performance of the Agreement shall be referred for binding arbitration to three arbitrators appointed in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004, PROVIDED that nothing in this Agreement shall prejudice the rights of the parties hereto to seek an order of a court of competent jurisdiction for interim relief.
iv. Subject to Clause iii above, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator, provided that where a party fails to appoint an arbitrator within thirty days of receipt of a request to do so by the other party; or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointments, the appointment shall be made by the Chief Judge of the Court having jurisdiction to entertain the matter, on the application of any of the parties herein.
v. The arbitration shall take place in Lagos, Nigeria; the language of the arbitration shall be English.