NYATWA TERMS AND CONDITIONS
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
The following Terms and Conditions (the “Terms”) are a contract between you and PayChangu Limited (“NYATWA”), a private limited liability company incorporated under the laws of the Republic of Malawi.
These Terms govern your use of the NYATWA Application (“NYATWA App”), a platform which offers flexibility to receive, send and raise money through peer-to-peer transfers and crowdfunding (the “Services”). By using the Services, you agree to be bound by the Terms. “You” and “your” mean the person who uses or accesses the Services. “We,” “us,” and “our” mean NYATWA and its successors, affiliates, and assignees. As used in these Terms, “NYATWA Account” means the account you have with us for the Services.
By registering and signing up to use the NYATWA App, you agree that you have read, understood, and accepted all of the Terms contained in this Agreement. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules and regulations that may be applicable to your use of the application.
This Agreement is legally binding and serves to govern your use of the NYATWA App. PLEASE READ AND UNDERSTAND THE TERMS CAREFULLY BEFORE AGREEING TO BE BOUND BY THEM.
NYATWA reserves the right to update, revise, modify, or otherwise, reissue these Terms without prior notice. The continued use of your NYATWA Account after any amendment to the Terms constitutes your acceptance of the Terms as modified by such amendment.
The governing language of these Terms and all communication between NYATWA and you will be in English language.
Consent – To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications“) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; and (2) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent – Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at email@example.com. If you withdraw your consent to receive Communications electronically, we will close your NYATWA Account and you will no longer be able to use your NYATWA Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us – In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the NYATWA App.
Changes – We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.
To register an NYATWA Account and use our Services, you must be at least 18 years old, with the full legal capacity to accept these Terms and enter into any transaction on the NYATWA App. If as a parent or guardian, you become aware that your child or ward has provided us with any information without your consent, please contact us immediately at firstname.lastname@example.org.
Your eligibility to use the NYATWA App also depends on the country you reside in. Currently, NYATWA operates only in Malawi and is only available to users who have Malawian bank accounts.
You may use the Services only if you agree to form a binding contract with NYATWA and are not a person barred from receiving services under the laws of the applicable jurisdiction.
NYATWA is a mobile payment app that enables its users to send, receive and request payments via NYATWA tags with the aim of improving financial inclusion. NYATWA provides its users with the following Services via the NYATWA App:
To register, open, use and run an NYATWA Account, you may be required to submit certain information, including but not limited to your name, email address, phone number, online credentials for your bank account, and such other information as we may request from time to time (collectively, “User Information”).
You represent and warrant that you own the email address or mobile phone number you register with and all information entered or collected in the course of creating your NYATWA Account and any information you subsequently add or update from your settings is true, accurate, current and complete, and you agree not to misrepresent your identity or your User Information. If we approve your registration, you will be authorised to use the Services, subject to these Terms.
You will also need a mobile phone (Android or iOS), internet connection and a valid bank account to use the NYATWA App and our Services therein.
For our compliance purposes and in order to provide the Services to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorised to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorise any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorised or performed using your username and password or mobile device, whether authorised or unauthorised by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorised or fraudulent transactions associated with your NYATWA Account.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NYATWA, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; AND (C) ANY EVENT BEYOND OUR REASONABLE CONTROL.
THE LIMITATION OF LIABILITY WILL EXTEND TO ALL FEATURES ON THE NYATWA APP AS FOLLOWS:
PEER TO PEER FEATURE – WE SHALL NOT BE LIABLE IN INSTANCES WHERE MONEY IS SENT TO A WRONG USER TAG.
IN ADDITION, BUSINESSES THAT WISH TO HANDLE TRANSACTIONS THROUGH NYATWA WILL DO SO AT THEIR OWN RISK BECAUSE WE DO NOT MANAGE ACCOUNTS FOR BUSINESS AND STORES.
Unless otherwise stated, NYATWA and/or its licensors own the intellectual property rights and materials on the NYATWA App and website. We do not grant you any right, licence, title or interest to any of our intellectual property rights which you may or may not have access to.
You shall not use your NYATWA Account to engage in the following categories of activities (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are not clear on whether or not your use of the Services involves a Prohibited Use, please contact us at email@example.com. By accepting these Terms, you confirm that you shall not use your NYATWA Account for any of the following:
You agree that you will not receive interest or other earnings on the funds in you NYATWA wallet.
If you breach these Terms in any way. NYATWA may take such actions as it deems appropriate to deal with the breach, including suspending and prohibiting you access to your NYATWA Account, and/or instituting legal proceedings against you.
Amendment – NYATWA reserves the right to add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the NYATWA App, website or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
Assignment – You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your NYATWA Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
Indemnity – At our request, you agree to defend, indemnify, and hold harmless NYATWA, its affiliates and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or wilful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Severability – In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms but shall not affect the validity and enforceability of the other remaining provisions.
Force Majeure – We shall not be liable for any delay or failure to perform as required by these Terms as a result of any cause or condition including but not limited to, an act of God, epidemic, pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Governing Law – These Terms shall be interpreted and governed in accordance with the Laws of the Republic of Malawi.
Dispute Resolution by Arbitration – For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms, you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. As used in this Section, “we” and “us” mean NYATWA and its affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
The venue of the arbitration shall be Lagos State, Malawia and the language to be used in the arbitral proceedings shall be English. We and you agree that the decision of the Arbitrator shall be final and binding on both of us.
Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in court in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the jurisdiction of the court for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Change of Control – In the event that NYATWA is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Complaints and Disputes – If you have any feedback, questions or complaints, contact us via email at firstname.lastname@example.org. When you contact us, please provide us with the relevant information we need to verify your account.