1.2 These Terms and Conditions may be amended as we deem fit by posting an updated review. This review will immediately come into effect upon posting. For every time you utilize this platform you give your consent to be bound by this Terms and Conditions as may be amended from time to time.
All rights, title, and interest, including all intellectual property rights, in and to, the (a) APIs, and all elements, components, and executables of the APIs; (b) the Content available from the APIs; (c) our Website; and (d) our Brand Features are all exclusive properties of KongaPay. Subject to the express licenses granted in these Terms, KongaPay does not grant you any right, title, or interest in the KongaPay Materials which you may or may not have access to. You agree to take such actions, including executing any legal or official document and other documents that KongaPay may request that you execute to further affirm InterSwitch’s intellectual property rights.
3.1. The services provided by Konga-Pay enables you to make payments from your personal account with one of the accredited banks for online transactions for the purchase of items concluded on and through www.konga.com. This service is not open to any transaction not concluded on the Konga Online Shopping Website.
3.2. To enjoy this service you must be a registered member of Konga.com and also operate an active account in any of the banks listed.
In the event that your subscription to the membership is terminated for any reason, you are no longer qualified to use the services.
We will share your personal information with other companies or individuals outside of kongpay in the following circumstances:
As necessary to process your transaction and maintain your account.
To complete your registration for a service provided by a third party.
For example, when you make a purchase or carry out transaction using KongaPay, we make certain personal information about you available to the company or individual you purchase from or transact with.
The information that we collect, including information obtained from third parties, is shared with our affiliates, meaning other companies owned and controlled by Konga. Our affiliates can be financial and nonfinancial entities. We will not share your personal information with anyone outside of Konga or with our affiliates except as described in this privacy notice.
4.1. The Confidentiality of your username and password and code; all transactions that occur under your username and password, any and all consequences of your username and password is solely your responsibility.
4.2. a The set of Username, code and Password unique to your KongaPay Account must not be shared with, assigned or utilized by another person. You acknowledge that the sharing of your username or password with other persons may cause irreparable harm to KongaPay and you shall indemnify KongaPay against any loss or damages suffered by KongaPay as a result of such multiple use.
In the event that there is an unauthorized use you must immediately contact KongaPay. You agree that KongaPay shall not be liable for any loss or damage arising from your negligence or failure to comply with this provision.
4.2. b If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password have been duly authorized by you to use the services on your behalf and to legally bind you .You are therefore responsible for all their actions whether authorized by you or not, while accessing the business, with your user name and password.
4.1 Your use of the services must be in good faith and in compliance with all applicable laws and regulations.
4.2 The information and material you supply in connection with the use of the services must be authentic, true and accurate, must not be false, misleading or deceptive.
4.3 You must not use the services to defraud Konga, our affiliates or other members or users of the Konga.Com Website or engage in other unlawful activities.Please note that you are solely responsible for the payment of any taxes, duties or other governmental levies or any financial charges arising from the use of any products purchased using KongaPay
4.a Kongapay guarantee
4.a.i You are protected when;- Your order is fully paid for at the point of placement - You have received an item different from what you have paid for - The item you received was delivered in an unsatisfactory condition (Damaged, broken seal, etc) - The item you received is of a lower quality than what was described on the product detail page - You have received an incomplete shipment - Item has a manufacturers defect within the return period set - You have rejected the item on delivery and return has been confirmed received by the seller - Your item did not arrive within the time agreed with the seller
4.a.ii Scenarios not covered under the Konga Buyer Protection Program- Damages due to misuse of product - Any item which has been used or installed - Products with tampered or missing serial / UPC numbers - Any damage / defect which are not covered under the manufacturer's warranty - Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product(s) delivered; - Non-defective products that have been used or have broken seals - The stated return period has elapsed before complaint is made to us - Items purchased with Pay On Delivery(POD) payment option
All transactions done on this platform must be a fully paid transaction and not a partial payment transaction in order to be entitled to the benefits there in.
6.1 LIMITATIONS TO PAYING VIA KongaPay (Minimum or Maximum)
KongaPay establishes general practices and limitation. These includes, without limitation to individual or aggregate transaction limits on the Naira amount or number of transactions during any specified duration.
KongaPay reserves the right to change, suspend or discontinue any aspect of the services at any time, including hours of operation or availabity of the services or any Service feature, without notice and without liability. KongaPay also reserves the right to impose limits on certain service features or restrict access to the Service without notice and liability. KongaPay may decline to process any transaction without prior notice to you. If an online transaction does not satisfy the terms and conditions of www.konga.com, KongaPay has the right to deny you access. Access shall also be denied if KongaPay has a reason to believe that the online transaction violates any laws, rules or regulations, or may otherwise subject KongaPay and Its’ affiliates to liability.
You consent to indemnify Konga and our affiliates and the entire staff, agents and representatives and to hold them harmless, from any and all losses ,damages,actions,claims,legal costs and liabilities which may arise directly or indirectly from the breach of this Terms and Conditions Konga reserves the right ,at our own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Konga in asserting any available defense.
In the event that you are unable to use the services of KongaPay as a result of improper operation of the system you cannot hold Konga responsible for the following:
You consent that all other risk arising from online transaction will be borne by you.
Konga makes no warranty regarding KongaPay Services under this agreement apart from those listed above.
Please note that services may not meet your requirement, maybe interrupted due to no fault of ours, but we will try our best to ensure timely services.
Except as expressly provided in this agreement and to the full extent permitted by Law KongaPay Services are provided “as is”, “as available”. All such warranties, representations, conditions, undertaking, and terms, whether express or implied, are hereby excluded.
To the full extent permitted by law Konga and our affiliates will not be liable for any indirect, consequential, incidental special or punitive damages including without limitation to damages for loss of profits or revenue, business interruption, loss of business opportunities, loss of data loss of other economic interest, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the services.
14.1 In the event that any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall enure.
14.2 Headings are for reference purposes only and therefore do not define scope of the section.
14.3 Any failure of Konga to exercise a right under this Terms and Conditions shall not constitute a waiver of any sort.