1. Consenting to the terms
These KONGAPAY ("Terms & Conditions") apply to your use of, or selection of "KongaPay" as your selected payment method. Please read these Terms & Conditions carefully. By using KongaPay as your method of payment, you acknowledge and agree to be bound by these Terms & Conditions. These Terms & Conditions apply in addition to the terms and conditions contained on the konga.com website’s "Terms of Use". In the event there is a conflict between these Terms & Conditions and konga.com website Terms of Use with respect to KongaPay transactions, these Terms & Conditions will supersede. If you do not agree with any of these Terms & Conditions, do not select KongaPay as your payment method.
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
2. Proprietary rights
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 KongaPay’s intellectual property rights in such.
3. Registration
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.
3.3 Upon signing up for the KongaPay Services, you are creating a KongaPay Account ,you may be requested to supply information such as :Name, Contact Information, Date of Birth, Bank Account Number etc. You are totally responsible for providing accurate information in this regard and for updating same in the event that there is a change. E.g Change of Contact Information etc. You acknowledge that by using KongaPay services, some of your personal information will be available to any third party involved in the operation of the service including without limitation, merchants and partner banks. These information maybe authenticated via a third party verification vendor as deemed appropriate by Konga. Please note that the information provided by you will be used to determine if you are qualified to start or continue using the services. We reserve the right to shutdown, limit, or suspend your access to KongaPay Services in the event that we are unable to authenticate your information. Provision and use of such data is subject to the KongaPay PRIVACY POLICY AS DESCRIBED BELOW. We will share your personal information with other companies or individuals outside of kongpay in the following circumstances:
- As permitted under the konga Privacy Policy.
- 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.
Any information you provide directly to a third party merchant, website or application is not covered by this privacy notice. We encourage you to review the privacy policies of any third party to whom you choose to share your personal information directly as we are not responsible for the privacy or security practices of merchants or other third parties with whom you choose to share your personal information directly
Affiliate sharing 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. Username and password
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.
5. Your responsibilities
5.1 Your use of the services must be in good faith and in compliance with all applicable laws and regulations.
5.2 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.
5.3 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
5.a Kongapay guarantee
5.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
5.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
Product categories not covered under the Konga Buyer Protection program
- Jewellery, innerwear, lingerie, and socks
- Weaves and Hair extensions
- Products in the Books category
- CDs/DVDs/Computer Software that has been opened/unsealed
- Products in the Games, Music and Movies category that are not faulty and have been opened/unsealed.
- Products in the Food & Drink category
- Products in the beauty, health and personal care category
6. Payment
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)
In compliance with the Central Bank of Nigeria (CBN) regulations, transactions from your KongaPay account will be limited to the following:
- KongaPay Lite: Maximum transaction limit of ₦3,000 per transaction/Maximum Daily Limit of ₦30,000 per day.
- KongaPay Classic: Maximum transaction limit of ₦10,000 per transaction/Maximum Daily Limit of ₦100,000 per day
- KongaPay Premium: Maximum transaction limit of ₦100,000 per transaction/Maximum Daily Limit of ₦1,000,000 per day
PLEASE NOTE: These daily limits only apply to transactions from your KongaPay account; your bank’s transactional limits still apply.
7. Privacy
We collate, utilize, hold and transfer your personal data in accordance with the KongaPay Privacy Policy.
By accepting this terms and conditions, you hereby agree to the KongaPay Privacy Policy which is subject to review and update from time to time. Please note that any data you provide to KongaPay in connection with the services may be shared with our affiliates, this will be done to an extent permissible by law.
8. Limitation of service
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.
9. Indemnification
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.
10. Disintegration of systems
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:
- A system Suspension earlier announced by Konga in advance on the site
- A failure in data transmission due to a break down resulting from unavoidable force majeure like earthquakes ,floods ,electricity blackout or other incidents beyond our control.
- Failure in Data Transmission due to a collapse in the telecommunications equipment and system.
- Interruption of services due to hacking, authority, website update, banks, and other reasons.
11. Disclaimer and limitation of liability
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.
12. Dispute resolution
In the event that a dispute occurs between a KongaPay user and a merchant, if the dispute is not resolved between both parties within….. days, the dispute would be referred to konga dispute resolution center and Konga sitting in as a mediator would resolve such a dispute.
13. Applicable law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
14. Miscellaneous
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.
15. Information Collection and Use
15.1 Contact List: KongaPay may request access to your device's contact list in order to facilitate the process of buying phone call times and internet and cable subscriptions using your phone number and your other contacts available on your mobile device.
15.2 Usage: The contact information obtained from your contact list will only be used to identify and authenticate the phone numbers associated with the requested services. We will not share, sell, or rent this information to any third parties for marketing purposes.
16. Data Security
16.1 KongaPay takes reasonable precautions to protect the information collected from unauthorized access, alteration, or disclosure. We implement industry-standard security measures to safeguard and secure the data transmitted through our application.
16.2 Please note that no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee absolute security.
17. Data Retention
17.1 KongaPay retains the contact information obtained from your contact list only for as long as necessary to fulfill the purposes outlined in this Privacy Policy.
17.2 You have the right to request the removal of your contact information from our systems. Please contact us at [email protected] or call us on 0700 700 0000 to exercise your rights regarding data removal.