PURPOSE AND SCOPE OF AGREEMENT

This Terms of Service is an Agreement between you and TierMoney . It sets forth the terms and conditions that shall govern the use of the Platform and the services. It details TierMoney’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.

REGISTRATION

• To use TierMoney , you have to create a TierMoney account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You permit us to do all these.
• In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs, You agree to notify us within 14 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.

GETTING TO KNOW YOU

• We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction eg, your recipient) in order to provide any services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update or renew your TierMoney account with us or in the event of a dispute relating to this agreement and activity under your TierMoney account

ACCOUNT SECURITY

You agree not to allow anyone else to have or use your password details and comply with all reasonable instructions regarding account access and security. In the event you share your password details, TierMoney 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 TierMoney’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access TierMoney’s services and not sharing your device with other people).

AGE RESTRICTION

Our website and services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18.

SOFTWARE LICENSE

For businesses, we hereby grant you a revocable, non-exclusive, non-transferable license to use TierMoney’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with TierMoney’s services. If you do not comply with the documentation and any other requirements provided by TierMoney , then you will be liable for all resulting damages suffered by you, TierMoney and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.

WARRANTIES AND REPRESENTATIONS

You represent and warrant to TierMoney that:

• You have the full power, authority, regulatory approval and corporate authorisation to enter into, execute, deliver and perform this Agreement.
• You are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.

WARRANTIES AND REPRESENTATIONS

• You agree to pay us for the services we render. Our Fees will be calculated as demonstrated on the Pricing page on the website.
• Subject to the terms of this Agreement, TierMoney will send to your designated bank or card settlement account (“Bank Account”) all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to TierMoney under this Agreement (“Pay-out”).
• Should either Party in good faith have cause to dispute any amount appearing on an invoice submitted by the other Party pursuant to this Agreement (“Affected Invoice”), the affected Party shall, within Forty-Eight (48) hours of receipt of the Affected Invoice, notify the other Party in writing, of such dispute, specifying the Affected Invoice, the specific amount in dispute and alleged reasons or grounds for dispute, failing which it will be deemed that the invoice is true and correct.
• We reserve the right to revise our fees. In the event that we revise our fees, we will notify you within twenty-four (24) hours of such change.

WARRANTIES AND REPRESENTATIONS

Unless otherwise stated, TierMoney and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on the TierMoney website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to the intellectual property rights of Tier Money and its affiliates and their licensors and licensees (collectively the “Content”). 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. These Content may not be copied, reverse engineered, decompiled, disassembles, modified or reposted to other websites. Nothing on the TierMoney site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the TierMoney website without the written permission of TierMoney or such third party that may own the Trademark. 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.

WARRANTIES AND REPRESENTATIONS

• The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations, or (iv) is independently developed by the receiving party.
• • As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

DISCLAIMERS

TIERMONEY WILL ALWAYS ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG-FREE. HOWEVER, IT IS USED 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, TIER MONEY 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 TIER MONEY , 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, "TIER MONEY PARTIES") SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

YOUR USE OF TIER MONEY ’S SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: TIER MONEY 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 TIER MONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF ABOKI AFRICA’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE OR ARISING FROM THE RESULT OF USE OF TIER MONEY ’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 ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

KNOW YOUR CUSTOMER

For businesses, you agree that you are solely responsible for verifying your customers' identities, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services. You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide TierMoney with these.

INDEMNITY

You hereby indemnify TierMoney and undertake to keep TierMoney, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) 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. You will indemnify and hold TierMoney harmless from and against any claim, suit or proceeding brought against TierMoney arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.

TERMINATION

You may terminate this Agreement by closing your TierMoney Account. We may suspend your TierMoney Account and your access to TierMoney’s services and any funds, or terminate this Agreement, If You do not comply with or breach any of the provisions of this Agreement;

We are required to do so by law. We are directed by a Card Network or issuing financial institution; or Where a suspicious or fraudulent transaction occurs.

TierMoney may take further actions it deems appropriate to deal with the breach, which may include, 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.

HOW DO I CLOSE MY TIERMONEY ACCOUNT?

You may close your TierMoney account at any time by;

• Login to your account on the mobile app
• Navigate to More
• Select "Delete your account"
• Agree to the terms of service
• Tap the "Continue with account deletion" button
• Enter reason for deleting account & account password
• Tap the "Delete account" button

PENDING PAYMENTS

If there are any pending transactions relating to your TierMoney Account when you initiate account deletion, your TierMoney Account will be closed promptly after such transactions are completed.

REMAINING BALANCES

Before closing your account, you should empty your currency balances. Unused balances in your TierMoney account may be lost, so ensure to use or remove all the funds in your account. TierMoney will not be liable for any losses that may occur due to failure to remove all funds in your account. To empty your balances, you should;

• Login to your account on the mobile app
• On the homepage, select the currency you wish to withdraw funds from
• Tap the "Withdraw" button
• Select "Withdraw to a saved recipient" or "Withdraw to another account"
• Fill required fields on the withdrawal form
• Tap the "Continue" button
• Review your transaction and tap the "Finish" button

You’ll need to do this for each currency you have money in. Then you can close the account. As a regulated financial institution, TierMoney is obligated to retain some of your data for purposes such as security, fraud, accounting, reconciliation, anti-money laundering and reporting purposes.

DISPUTE RESOLUTION

• If a dispute of any kind whatsoever arises between the Parties in connection with or arising out of the execution of this Agreement, including but not limited to any dispute as to opinion, instruction, determination, assessment, estimate, valuation, certification or invoice submitted by a Party, or in connection with this Agreement construction, validity, interpretation, enforceability of this Agreement shall be finally settled pursuant to the dispute resolution process described in this clause.
• The Parties shall use their best endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion and negotiation pursuant to this clause.
• If the Parties are unable to settle the dispute as indicated above within 15 (fifteen) Business Days, the dispute shall be referred to Mediation by the legal representative of either of the Parties. The parties will choose a mutually acceptable mediator.
• The findings of the Mediator and subsequent award/Agreement shall be binding on both parties. Each Party shall bear its respective costs in connection with the Mediation.

SEVERABLITY

The invalidity, illegality or unenforceability of any of the provisions of this Agreement shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement.

ASSIGNMENT

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

Without our prior written consent, you may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.

UPDATES, MODIFICATION & ADJUSTMENTS

TierMoney reserves the right to change, revise or modify these Terms from time to time by updating this page. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We will also try to notify you of any material changes which could be done via the 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.

DATA PROTECTION

With respect to all the Personal Information belonging to, and/or processed in connection with TierMoney or this website, such Personal Information at all times comply with all Data Protection Laws in the territory, in all respect and in particular the General Data Protection Regulation and all applicable data protection regulation in force. TierMoney maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us and how we store and use the information provided by you in line with applicable Data protection legislations. By using TierMoney ’s Services, you consent to such processing and you commit to providing accurate information.

GOVERNING LAW

The formation, existence, construction, performance, validity and all aspects whatsoever of this Terms of Service or of any term of this Agreement will be governed by the Laws of Canada.

CONTACT US

This website is owned by Taasai FS Platform Ltd. incorporated under the Laws of Canada. If you have any complaints or enquires about us and our Services, you may contact us at:

• Reaching out to the customer service support available on the website.
• Sending an email to info@tiermoney.com