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.

Last Updated: 9th May, 2024

1. ACCEPTANCE OF TERMS

The following Terms and Conditions (the “Terms”) is a contract between you and Abeg Technologies Limited (“PocketApp”), a private limited liability company duly incorporated under the laws of the Federal Republic of Nigeria.

These Terms govern your use of and access to our website at https://pocketapp.com and the PocketApp application, a peer-to-peer social commerce and payments platform which includes any other website and mobile application operated by PocketApp (collectively, the “Website”) and features and services offered by us on this Website (together with the Website, the “Services”), including any content or functionality offered through this Website or the Services, whether as a guest, registered User or on the authorisation of a User.

'You', 'your', 'User' mean the person, entity, business, or company who uses or accesses the Services.

'We,' 'us,' and 'our' mean PocketApp and its successors, affiliates, and assignees.

'PocketApp Service Level Agreement' means a Service Level Agreement, Merchant Service Agreement or another agreement apart from these Terms which has been fully signed and entered into by and between a User and us relating to the access to and/or use of any of the Services by the User.

As used in these Terms, 'PocketApp Account' means the account you have with us for the Services.

'PiggyVest Account' means a registered account on the website and mobile application at https://piggyvest.com or any other affiliated website and mobile application (collectively, 'PiggyVest App') operated by Piggytech Global Limited, an affiliate of PocketApp.

'Business Day' means weekdays excluding Saturdays and Sundays and all other days officially declared work-free days/ public holidays in Nigeria.

'Product' means any goods or services offered to Users on this Website by a Vendor.

'Vendor' means any User who offers Products for sale to other Users on this Website.

'Purchaser(s)' means any User who is offered Products by a Vendor and communicates the intention to purchase such Product(s).

'Vendor's Conditions' means the guidelines and conditions provided by the Vendor relating to the Products.

'Card' means a prepaid virtual and/or physical card issued by an Issuing Bank, which is branded with one or more marks or signage of a Payment Scheme.

'Payment Scheme' means Visa, Mastercard, Verve and/or any affiliates thereof or any other card payment network and/or such other schemes governing the issue and use of credit, debit, charge, purchase or any other cards or payment methods.

'Merchant' means any person or entity to whom you may offer payment through the use of a Payment Card.

'Issuing Bank' means a financial institution that issues Payment Cards under the authority of the relevant Payment Scheme.

'Retailer' means a retailer, seller, or service provider whose Vouchers are offered on this 'Website'.

'Third-Party Utility Bills Solutions' are technology-based payments and collections solutions which may be integrated to this Website and are offered by third-party companies to enable Users to carry out specific utility bill payments on this Website.

'Content' means features, information, materials, and content provided and depicted through the Services.

By registering and signing up to use this Website, 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 Services.

These Terms are legally binding and serve to govern your use of this Website. PLEASE READ AND UNDERSTAND THE TERMS CAREFULLY BEFORE AGREEING TO BE BOUND BY THEM.

Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services, you represent that you have read, understood and accepted these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy do not use or access the Services.

All information provided by you will be treated securely and strictly in accordance with the Nigeria Data Protection Regulation and other extant applicable data protection laws and regulations.

If you use this Website in the course of a business or other organisational project, then by so doing you:

1. confirm that you have obtained the necessary authority to agree to these Terms; and

2. bind both yourself and the person, company or other legal entity that operates that business or organisational project, to these Terms.

Additional Terms

In conjunction with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on this Website, including, but not limited to, terms and conditions for any new features, refunds or rewards programs (the 'Additional Terms'), which are hereby incorporated by reference into these Terms.

In the event of a conflict between the Additional Terms and these Terms, these Terms will control and supersede any such conflict, inconsistency or ambiguity.

In the event of any conflict between the Terms, the Additional Terms, and the PocketApp Service Level Agreement if such has been executed between You and Us, the PocketApp Service Level Agreement shall prevail.

2. GOVERNING LANGUAGE

The governing language of these Terms and all communication between PocketApp and you will be in English language.

3. CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATION

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 hello@pocketapp.com. If you withdraw your consent to receive Communications electronically, we will close your PocketApp Account and you will no longer be able to use your PocketApp 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 number or other text message address by updating your profile on this Website.

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 this Website or delivering notice of such termination or change electronically.

4. ELIGIBILITY

In order to use the Services, you must (a) accept and agree to these Terms, our Privacy Policy and such other terms, conditions and agreements communicated by us to you; (b) register with us on this Website, or be authorised by a registered User to use the Services in a manner agreed by us; (c) be at least 18 years old, with full legal capacity to accept these Terms and enter into any transaction on this Website, or have registered a business name in Nigeria for the business that will use the Services, or be duly incorporated in Nigeria; (d) provide all information requested by us. 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 hello@pocketapp.com.

Your eligibility to use this Website also depends on the country you reside in. Currently, this Website operates only in Nigeria, and is only available to users who have Nigerian bank accounts.

You may use the Services only if you agree to form a binding contract with PocketApp and are not a person barred from receiving services under the laws of the applicable jurisdiction.

5. ABOUT THE WEBSITE

This Website is a peer-to-peer social commerce and payments platform which allows Users to use their smartphones to send, receive and request money quickly. This Website also allows users to sell and pay for goods and services seamlessly. A User may use or access the following Services via this Website:

• Payments: The Payments Services allow users to send, receive and request money from people and businesses.

  As a User initiating a transfer of funds, the Payments Services may allow you to send funds to your designated recipient (“Recipient”) by selecting the Recipient and the transfer amount to us (a “Payment Instruction”).

  By initiating each transfer to a Recipient via the Payment Services, you authorise us and the applicable bank or partner financial institutions to debit the amount you specify and applicable charges from your wallet on this Website, bank account or other payment instrument registered with us, and to send those funds to the designated Recipient upon your request.

  Your use of the Payment Services means that you authorise us to take all actions required for your access to and/or our provision of the Payment Services. You must not attempt to circumvent any restrictions to the Payment Services imposed by any regulatory authority, under applicable law and/or by us.

  The Payment Services may also allow you to carry out payments on this Website for certain utility bills such as payment of electricity bills to electricity distribution companies, via the Third-Party Utility Bills Solutions. The Third-Party Utility Bills Solutions are not offered by us but by third-party companies. You agree that you shall be exclusively responsible for ensuring that complete payment of any bill and applicable charges are made to the appropriate service provider.

  The Payments Services may also include the transfer and receipt of money from a user with a PocketID to another user with a PocketID. You agree that you shall be exclusively responsible for providing accurate information on details of the PocketID that you want to receive funds.

  We also have a PiggyVest Funding option available for you. This Payments Service allows the transfer of funds from your PocketApp Account to your PiggyVest Account as well as the funding of your PocketApp Account from your PiggyVest Account. You understand and agree that you shall comply with the terms and conditions on the PiggyVest App in order to use the Payment Services to transfer money to or fund from your PiggyVest Account.

• Pocket Shop: The Pocket Shop Service is a feature to showcase goods and services to Users on this Website. To open a Pocket Shop, a User will be required to be a PocketPro. PocketPro is a status type on this Website which will enable you to list your Products on this Website in order to attract customers for such listed Products. To become a PocketPro, a User will be required to click on the applicable menu on this Website to change their status to PocketPro and carry out all other actions required under such menu and/or by PocketApp.

  You shall not use the Pocket Shop Services to sell, provide or purchase any illegal, suspicious and/or unauthorised goods or services that may be used for any illegal, suspicious and/or unauthorised activity.

  Without prejudice to any fees due to us for the Pocket Shop Service and our rights to the Pocket Shop Service, you understand and agree that any transaction between you and any Vendor or Purchaser is a transaction solely between you and such Vendor and Purchaser, and not us.

• Clique: Clique (which may also be referred to as Group or Joint Account) is a paid feature which helps Users to manage split bills, cash and payments with friends in groups. The fees to be paid by Users for the Group Service will be determined solely by us. Once you join a group, you agree to be solely responsible for any liabilities, losses, expenses, claims or damages that arise from activities carried out in such Groups.

• Markets: The Markets Service is a feature for owners of Pocket Shops to promote Products for a fee and reach potential customers. For the Markets Service and to the extent permitted by applicable law, we reserve the right to solely determine the limitations and all additional terms governing the Markets Service including but not limited to the number of Products that can be promoted in a Market per time, the method used to determine the arrangement of Products in each Market, and the conditions for boosting a Product in a Market to put such Product on the top part of the Market. Creation of Markets on Pocket App is currently not open to the public, but if you think there is a category of Market that should exist on this Website, you may send us an email at hello@pocketapp.com.

• Giveaway: The Giveaway feature is a fast and simple way to carry out giveaways to a large number of Users on this Website. For the Giveaway Service and to the extent permitted by applicable law, we reserve the right to solely determine all limitations and additional terms relating to this Giveaway feature.

• Timeline: This feature allows Users to view activities and content from their followers on the Website. You agree to not post any activity and content on the Timeline that is illegal, obscene, indecent, defamatory, libellous, deceptive, misleading or otherwise objectionable.

• Explore: The Explore feature (which is the 'search' 🔍 ) on this Website may allow you to explore Products on this Website.

• Wishlist: This is a feature on this Website that allows you save and organise the items you love. You can make your Wishlist public or private and you agree to duly consider all possible implications and effects of making your Wishlist public or private before doing same.

• Profiles: All Users will have a profile that displays their profile photo, number of followers, badges, wallet balance and other information about the User. You agree not to use the Profile feature to intentionally or unintentionally mislead or defraud or to directly or indirectly engage in fraudulent, illegal and or unauthorised activities. Also, you shall not upload or authorise any information on your Profile on this Website that will amount to illegal, obscene, indecent, defamatory, libellous, deceptive, misleading, or otherwise objectionable information or content.

We reserve the right to refuse the Services to anyone for any reason at any time.

Payments, transfers, KYC verifications and wallet transactions in connection with the Services are currently offered in partnership with our respective partners.

Subject to the PocketApp Service Level Agreement where applicable, we reserve the right to change or review fees for the Services at any time in the future. You agree that you shall pay all applicable fees, commissions, and/or charges for using the Services as and when due.

6. ESCROW PAYMENT MODEL

The Escrow payment model is a feature on this Website that holds payment until the Purchaser and Vendor on this Website have fulfilled their due requirements in the transaction. This Escrow feature creates an arrangement where a Vendor will not receive payment for the applicable transaction until the Purchaser has confirmed that it or its authorised representative received the Product and is satisfied, or we have reasonable cause to believe that the Purchaser has received a satisfactory Product from the Vendor.

Purchaser: The default payment option on this Website for the purchase of Products is currently the Escrow payment option. Consequently, if you opt-out of the Escrow payment option and do not receive a Product or you receive a Product that is not fit for use, we will not have any obligation regarding that transaction and we will not bear any liability.

If you are a Purchaser who chooses the Escrow payment model, you are required to release payment for the Product within seven (7) days of receipt of such Product (or such shorter period required by us) [the “Inspection Period”] or file your complaint or disputes relating to the Product before the expiration of the Inspection Period and in the manner required by us. In the event that you do not release such payment, or you do not file any complaint or dispute before the expiration of the Inspection Period, you hereby authorise us to release such payment to the Vendor and agree that we will not bear any liability for any issue with the Product communicated after the Inspection Period.

Vendor: If you are a Vendor and you offer and/or sell a Product that is not (i) fit for use, (ii) merchantable and/or (iii) of good quality, you accept that you may lose that sale and not receive payment for such Product and you shall not be entitled to any compensation and/or indemnity from us for such Product.

You agree that if you file any dispute or complaint with PocketApp for a Product whose payment is subject to the Escrow feature, you:

(i) subject to applicable law, authorise us to use our discretion to assist with resolving such dispute on this Website and to use our discretion to determine whether the payment should be released to the Vendor. We shall use all reasonable efforts to work to resolving such dispute fairly based on facts made available to us and we may suggest the referral of such dispute to a judicial or quasi-judicial authority for resolution;

(ii) agree and understand that we shall not be a party in such dispute, and we are not your agents or representatives and/are not agents or representatives of either the Vendor or Purchaser;

(iii) agree to provide all information required for resolution of such dispute and to work with us and/or the Purchaser or Vendor (as applicable) to promptly resolve the dispute;

(iv) agree that if you are a Purchaser and you are required to return a physical Product to a Vendor before we return held funds to you, you shall return such Product promptly, in the form shared with you and/or within the time period communicated by us or the competent authority.

7. VENDORS

Further to the PocketApp Service Level Agreement where applicable, if you are a Vendor, you shall also:

• provide all the information necessary when listing Products on this Website and such information should include but is not limited to, a detailed title and sub-title, price, quantity, picture, and description;

• expressly state on your Products listing and/or description, all packaging charges, delivery charges, handling charges, administrative charges, insurance costs, other ancillary costs, and charges where applicable;

• adhere to the range of Products and prices as provided and as described on your listing on this Website;

• keep an up-to-date inventory of all Products listed on this Website and keep your listed Products available;

• not list any Product that infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy) or any Product that is counterfeited, illegal, stolen, or fraudulent;

• contact Purchasers no more than is necessary for processing orders for your Products. In particular and subject to applicable law, you shall not send any advertising email or other commercial advertisements to Users without our prior written agreement or the expressed wish of the Purchaser;

• not deceive any User by misrepresenting your Products;

• process orders and arrange delivery with all reasonable care. The delivery options and timeline indicated on your listing on this Website are binding, and orders should be fulfilled in accordance with the stated timelines;

• where you cannot fulfil an order, promptly communicate same to the Purchaser;

• attend to any User complaints in relation to the Products in accordance with the period as maybe agreed between you and us or such other timelines communicated by us;

• ensure that at all times, the phone number(s) and e-mail address(es) for your customer service contact is displayed on your website and the Pocket Shop;

• provide to the Purchaser all Vendor's Conditions which do not conflict with these Terms, and use all reasonable efforts to inform the Purchaser of regulatory guidelines governing the purchase and/or use of the Products where applicable;

• to the extent permitted by applicable law, comply with all Additional Terms and our directives on refunds or chargebacks where applicable;

• where applicable and without prejudice to these Terms (particularly the terms on the Escrow feature), Vendors' return policy in the Vendor's Conditions must contain clear conditions relevant to the return of Products which shall include but not limited to criteria under which a return will be accepted, clearly stated time period in which the Purchaser must notify the seller about a return and whether it is the Vendor or Purchaser that will pay delivery fees for Products to be returned; and

• do such other legal things as may be necessary or incidental to the fulfilment of orders for your Products.

All Vendors agree to remain exclusively liable for any Products sold on this Website.

If you are a Vendor and to the extent permitted under applicable law, you agree that in the event of any conflict or inconsistency between these Terms and the Vendor's Conditions, these Terms shall prevail and you will be solely liable for any claims that may arise from such conflict or inconsistency.

8. PURCHASERS

If you are a Purchaser, you shall also:

• inspect Products delivered to you and ascertain that the Products are free from defects, immediately you receive the Products;

• to the extent permitted by applicable law, comply with the Vendor's Conditions that do not conflict with these Terms.

• not knowingly deceive any Vendor in the process of communicating your intentions to purchase a Product;

• make and/or release payment for Purchased Products in accordance with these Terms and/or as communicated to the Purchaser or by us.

9. INTEGRATED DELIVERY OPTIONS AND ASSOCIATED INSURANCE

Integrated delivery options may be provided by third-party companies for the delivery of Products to Purchasers.

The available integrated delivery options on this Website may also offer insurance coverage to protect against the loss and/or damage of Products to be delivered to Purchaser, and such insurance coverage shall be at an additional cost to be communicated. You understand and agree that in the event of any insurance claim for loss, theft and/or damage of Products that you requested for delivery using any of the integrated delivery options, you shall provide us and/or the insurance company with all information required for processing such insurance claims including but not limited to purchase receipts of the applicable Products.

You understand and agree that you have the obligation to make informed decisions and conduct your due diligence before using any of the delivery options on this Website and choosing any of the insurance coverage options that may be provided by any delivery/logistics/shipping companies on this Website.

10. CARDS

Virtual and/or physical Payment Cards may be offered via this Website. The Payment Cards are not issued or created by us, and we make no express or implied warranties or conditions, including warranties or conditions of merchantability or fitness for a particular purpose, on the Payment Cards.

Each request by you for a Payment Card shall constitute an unconditional and irrevocable instruction and authorisation (the “**Request**”) from you to the Issuing Bank for the creation and issuance of a Payment Card in accordance with the details supplied by you at the time of the Request.

By creating and issuing a Payment Card, we make no representation whatsoever that such Payment Card will be accepted by a Merchant. Any Request that we or the Issuing Bank believe may violate these Terms or any applicable law, may be refused. You agree to comply with all applicable law and Payment Scheme guidelines governing the Payment Cards. Transaction limits are usually applicable to the Payment Cards and you agree that you shall not directly or indirectly take any action to circumvent such transaction limits.

You are responsible for all transactions initiated and fees and charges incurred by the use of your Payment Cards. If you permit another person to have access to information relating to your Payment Card, it will be deemed that you have authorised such use and you will be liable for all transactions and fees and charges incurred by those persons relating to use of the Payment Cards. You shall be solely responsible if a Payment Card that you purchased on this Website is lost, stolen, destroyed, or used without your permission. You are wholly responsible for the use of each Payment Card according to these Terms. We have the right to close your PocketApp Account and bill alternative forms of payment, if we are notified that fraudulently obtained Payment Cards are used by you for transactions.

You do not have the right to stop payment on any purchase or payment Transaction performed with a Payment Card; the election to stop such payments will be at the discretion of the Issuing Bank, regulatory authority and/or us, and you will have no claim against us in relation thereto.

You should obtain a receipt from any Merchant at the time you perform a transaction with a Payment Card. You agree to retain, verify, and reconcile your transactions and receipts. We are not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Payment Card. All such disputes must be addressed to and dealt with directly with the Merchant from whom those goods or services were procured.

11. VOUCHERS/GIFT CARDS

Vouchers (which may also be referred to as Gift Cards) may be offered on this Website and such purchased Vouchers may entitle the holders to a discount on the prices of or may be exchanged for goods or services.

The Vouchers are not created or owned by us, and we make no express or implied warranties or conditions, including warranties or conditions of merchantability or fitness for a particular purpose, on the Vouchers. You agree to comply with the terms of the Retailers for use of the Vouchers. Vouchers are not for resale and limits may apply to redemption and use of the Vouchers.

You shall be solely responsible if a Voucher that you purchased on this Website is lost, stolen, destroyed, or used without your permission. You are wholly responsible for the use of each Voucher according to these Terms. We have the right to close your PocketApp Account, if we are notified that fraudulently obtained Vouchers are redeemed and/or used by you to make purchases.

12. MANAGED ACCOUNTS

Managed Accounts is a form of PocketApp Account for persons who may be resident in Nigeria but do not have a Nigerian bank verification number (BVN).

A User with a PocketApp Account that has been verified (using such User's BVN and the Know-Your-Customer documents provided by such User) (the “**Verified User**”) shall verify the PocketApp account to be used by the person that does not have a BVN (the “**Unrecognised Person**”), and the Verified User shall be liable for all actions of the Unrecognised Person on this Website. If you are a Verified User, you agree that you shall ensure that the Unrecognised Person reads, understands and complies with these Terms and all Additional Terms on the Managed Accounts. We will regard any use of and/or access to this Website by the Unrecognised Person as use of and/or access to this Website by the Verified User.

13. NIGERIA DEPOSIT INSURANCE CORPORATION PASS-THROUGH DEPOSIT INSURANCE SCHEME FOR SUBSCRIBERS OF MOBILE MONEY OPERATORS

The funds in your PocketApp Account are insured by the Nigeria Deposit Insurance Corporation (the “NDIC”) under the Pass-Through Deposit Insurance Scheme for Subscribers of Mobile Money Operators.

The funds in your PocketApp Account, alongside the funds of other Users, are domiciled in a corporate account created in the name of PocketApp that allows for the creation of sub-accounts for Users (“Pool Account”) with an insured institution, VFD Microfinance Bank Limited.

The NDIC may direct us to move our Pool Account (including your funds in your PocketApp Account) to any other insured institution, where the NDIC considers it expedient to do so, and we are mandated to comply with such directive. You will be promptly notified where we are required to move our Pool Account.

If you have any queries regarding the Pass-Through Deposit Insurance Scheme, you may contact the NDIC HELP DESK toll-free line on 0800-6342-4357 (O800-NDIC-HELP) or send an email to [helpdesk@ndic.gov.ng](mailto:helpdesk@ndic.gov.ng) or [info@ndic.gov.ng](mailto:info@ndic.gov.ng).

14. USING THIS WEBSITE

To register, open, use and run a PocketApp 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 may also choose a unique username which will be your PocketID.

NOTE that the PocketID you choose remains the property of PocketApp and we reserve all rights to remove or update it at our discretion or request that you change it, such as in instances including but not limited to where the PocketID chosen is misleading, deceptive, inappropriate or illegal.

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 Pocket App 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 and where applicable, the PocketApp Service Level Agreement.

You will also need a mobile phone (Android or iOS), internet connection and a valid bank account (as applicable), to use this Website 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:

• a copy of your valid means of identification, such as a passport or driver's licence;

• a copy of a utility bill, or other bill, dated within three months of our request, with your name and Nigerian street address on it; and

• such other information and documentation that we may require from time to time.

By using the Services and providing User Information to us, you automatically authorise us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you from other third-party websites and databases as necessary to provide the Services to you. For the purposes of such authorisation, you hereby grant us and our third-party service providers a limited power of attorney, and you hereby appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, with the full power of substitution and re- substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WE AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF, OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorisation and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We are not obliged to review information obtained from third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between us and our third-party service providers, we own your confidential User Information.

The information you provide us is subject to our [Privacy Policy](https://www.notion.so/d375d3290ca240da9feb07b8c7b7c9ce?pvs=21).

15. THE PURPOSE FOR WHICH WE WILL USE YOUR DATA

The information that we collect from you may be used in the following ways:

• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

• to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;

• to provide you, or permit selected third parties to provide you, with information about services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;

• to ensure that content from our site is presented in the most effective manner for you and to notify you about changes to our Services;

• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and

• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Information we receive from other sources - We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

16. DISCLOSURE OF YOUR PERSONAL INFORMATION

You agree that we have the right to share your personal information and any other information relating to you, your transactions and/or your PocketApp Account:

• with any of our affiliated companies and service providers;

• with financial service providers and non-financial companies, such as email service providers that perform marketing services on our behalf, and fraud prevention service providers that use the information to provide services to us;

• with a non-affiliated third-party to access and transmit your personal and financial information from a relevant financial institution. You grant the third-party the right, power, and authority to access and transmit this information according to terms of their privacy policy, where you subscribe to thirdparty services;

• with selected third parties including business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you and/or to complete a transaction with you;

• with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets or give some or total control over our business or alternatively, acquire all or parts of their businesses;

• in compliance with applicable law, legal processes, regulatory guidelines and regulatory directives that require us to report or disclose information to a governmental body, regulatory authority or any other competent authority;

• with relevant law enforcement officials or other third parties, such as investigators or auditors, if we believe it is appropriate to investigate fraud.

Mandatory Disclosure by Financial Institutions and Designated Non-Financial Businesses and Professions.

You agree that you are aware that all Financial Institutions (FI) or Designated Non-Financial Institutions (DNFIs) are required to report in writing to the Nigerian Financial Intelligence Unit (NFIU) single transaction, lodgement, or transfer of funds:

• in excess of N5,000,000 or its equivalent, in the case of an individual;

• in excess of N10,000,000 or its equivalent, in the case of a body corporate;

• that is a transfer to or from a foreign country of funds or securities by a person or body corporate including a money service business of a sum exceeding US$10,000 or its equivalent;

• involving or that are suspicious transactions irrespective of the amount as required by section 7 of the Money Laundering (Prevention and Prohibition) Act 2022 and section 84 of the Terrorism (Prevention and Prohibition) Act 2022.

17. THIRD-PARTY LINKS

This Website may, from time to time contain links, to and from the platforms of our partner networks, advertisers, and affiliates. Please note that these platforms and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data, such as contact and location data, which may be collected through these platforms or services. Please check these policies before you submit any personal data to these platforms or use these Services.

18. CHANGES TO PERSONAL INFORMATION

It is imperative that your data with us is current and accurate. You may request for the rectification of any personal data that we hold about you so as to enable you to correct any incomplete or inaccurate data we hold about you. We may, however, need to verify the accuracy of the new data you provide to us.

19. DATA SECURITY AND RETENTION

We deploy strict physical, electronic, and administrative security measures to protect your information from access by unauthorised persons, against unlawful processing and foreseeable hazards and breaches when online.

We will retain your data for as long as necessary for the said purpose of the processing, and after that, we will keep your data as long as the law requires.

20. SAFEGUARDING YOUR FINANCIAL INFORMATION

You agree that you shall be responsible for safeguarding your personal and financial information. Kindly note that we will never ask for your card details, complete PAN, PIN, OTP/token codes, passwords, BVN or any sensitive financial information via call, text message, WhatsApp or email.

In the event that you receive a call, text message or email requesting any of the listed information above, kindly refrain from responding, disregard the communication and promptly report same including any suspected scam or fraudulent activity to us through any of our available communication channels here - hello@pocketapp.com and +234 700 933 933 933.

21. INTELLECTUAL PROPERTY

Copyright

All content included in or made available through this Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PocketApp or its specified affiliate or its licensors and protected by Nigerian and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Website are trademarks or trade dress of PocketApp or its specified affiliate or its licensors in Nigeria and other countries.

In particular, the PocketApp and this Website's logos and designs are trademarks of PocketApp or its specified affiliate. We do not grant you any licences, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms and in the PocketApp Service Level Agreement where applicable or except with our prior written permission. We and our third-party licensors retain all rights, titles, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

PocketApp's trademarks and trade dress registered or unregistered shall not be used in connection with any product or service that is not PocketApp's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PocketApp.

PocketApp does not own the rights to the images, trademarks and intellectual property of our licensors or any third-parties that are featured on this Website. All rights of these images, trademarks and intellectual property belong to their respective owners.

The intellectual property rights of all software made available to you on this Website remain the property of PocketApp, its affiliates and its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by PocketApp and its licensors.

22. RESTRICTIONS ON USING THE SERVICES

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. 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 PocketApp Account.

Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorised by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilise any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, or sublicense any portion of the Services or Content to a third party; (e) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (f) modify the Services or Content or create any derivative product from any of the foregoing; (g) remove or obscure any proprietary or other notices contained in the Services or Content; (h) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (i) jeopardise the security of your PocketApp Account or any other person's PocketApp Account (such as allowing someone else, who has not been authorised by you and is not your officer, employee, agent or representative, to use your email address, password or code to access the Services or in a manner not agreed by us); (j) attempt, in any manner, to obtain the password, account, or other security information from any other user of the Services; (k) violate the security of any computer network or crack any passwords or security encryption codes; or (l) run mail list, listserv, any form of auto-responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services.

We may, but are not obligated to, monitor your use of the Services and Content.

The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties or your customers (collectively, “**User Content**”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”

Subject to the PocketApp Service Level Agreement where applicable, if you submit User Content, you grant us a non-exclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, publish, create derivative works from, distribute and exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other User or third party.

To the extent permitted by applicable law and in accordance with the PocketApp Service Level Agreement where applicable, we may terminate (or suspend access to) your use of the Content. Subject to the PocketApp Service Level Agreement where applicable, we may restrict access to portions of the Services, for some or all Users, from time to time.

The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. You are responsible for obtaining any equipment and internet service necessary to access the Website and Services.

23. WARRANTY DISCLAIMER

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 THIS WEBSITE'S 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.

24. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT POCKETAPP, 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.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT POCKETAPP, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ALL PRODUCT OR SERVICE-RELATED CLAIMS AND WARRANTIES YOU MAKE IN CONNECTION WITH YOUR ACTIVITIES OR BUSINESS OR FOR ANY PRODUCT OR SERVICE-RELATED CLAIMS MADE AGAINST YOU BY YOUR CUSTOMERS OR END-USERS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ACTIONS OR INACTIONS DIRECTLY TRACEABLE TO US, WHETHER IN CONTRACT, NEGLIGENCE, AND OTHER TORT, BY WAY OF INDEMNITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE SUBJECT TO THE FOLLOWING FINANCIAL LIMITS: (A) IN NO EVENT SHALL WE BE LIABLE TO YOU IN EXCESS OF ANY AMOUNT THAT HAS ACCRUED TO US FROM TRANSACTIONS EMANATING BY VIRTUE OF THE SERVICES, IN THE MONTH IMMEDIATELY PRECEDING THE DATE THE FIRST SUCH CLAIM ARISES; (B) NO LIABILITY SHALL BE RAISED AGAINST US MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF SUCH LIABILITY; AND (C) WE WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY NOT ACTING ON OUR INSTRUCTIONS, AND WE WILL NOT BE LIABLE FOR ACTIONS OR INACTIONS NOT DIRECTLY TRACEABLE TO US.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN INSTANCES WHERE A USER FAILS TO FULFIL HIS/HER OBLIGATIONS TO A LENDER (ACCESSED VIA THIS WEBSITE) ON THE DATE OF REPAYMENT AGREED ON BY THE PARTIES. WE SHALL NOT BE LIABLE FOR ANY CLAIM, ACTION, SUIT, DISPUTE, PENALTY, LIABILITY OR/AND FINE THAT MAY ARISE IN RESPECT OF ANY DEBT RECOVERY PROCESS UTILISED BY YOU OR YOUR REPRESENTATIVES. WE SHALL NOT AT ANY TIME BE OR BE CONSIDERED A GUARANTOR FOR ANY LOAN OR FINANCIAL TRANSACTIONS RELATING TO ANY LOAN OFFERED VIA THIS WEBSITE OR ANY OTHER SERVICES. YOU AGREE THAT IF YOU BORROW ANY SUMS VIA THIS WEBSITE, WE MAY BE REQUIRED TO DEDUCT THE PRINCIPAL, INTEREST AND ALL AMOUNTS RELATING TO SUCH LOANS FROM YOUR WALLET ON THIS WEBSITE OR THE BALANCE SUM ON YOUR POCKETAPP ACCOUNT FOR PAYMENT TO THE LENDER, AND IN SUCH SITUATIONS, YOU AUTHORISE US TO DEDUCT SUCH SUMS WITHOUT FURTHER RECOURSE TO YOU.

THE LIMITATION OF LIABILITIES WILL EXTEND TO ALL FEATURES ON THIS WEBSITE AS FOLLOWS:

PAYMENTS - DUE TO THE NIGERIA INTER-BANK SETTLEMENT SYSTEM (NIBSS), PAYMENTS MAY BE DELAYED, WE SHALL NOT BE LIABLE FOR ANY DELAYED PAYMENTS. WE SHALL NOT BEAR ANY LIABILITY FOR INABILITY TO COMPLETE A PAYMENT INSTRUCTION BECAUSE OF INACCURATE OR INSUFFICIENT PAYMENT INSTRUCTIONS, OR THE FAILURE OF THE RECIPIENT OR BANK TO CLAIM THE PAYMENT, OR BECAUSE EITHER YOU OR THE RECIPIENT DID NOT PROVIDE ANY REQUESTED INFORMATION, OR WE OR THE ISSUING BANKS ARE UNABLE TO VERIFY YOUR IDENTITY OR THE IDENTITY OF THE RECIPIENT TO OUR SATISFACTION.

PEER-TO-PEER PAYMENTS FEATURE - WE SHALL NOT BE LIABLE IN INSTANCES WHERE MONEY IS SENT TO A WRONG POCKETID.

PAYMENTS VIA THIRD-PARTY BILLS SOLUTIONS* - WE SHALL NOT BE LIABLE FOR ANY PENALTY, LOSSES, FINES, DAMAGES OR CLAIMS ARISING FROM FAILURE OF THE THIRD-PARTY UTILITY BILLS SOLUTION TO EFFECT PAYMENT TO THE RELEVANT SERVICE PROVIDER AND/OR RELATING TO ANY DEFAULT IN PAYMENT OF YOUR UTILITY BILLS VIA THE THIRD-PARTY BILLS SOLUTIONS.

PIGGYVEST FUNDING - TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT POCKETAPP WILL NOT BE LIABLE FOR ANY LOSSES INCURRED IN RESPECT OF ANY TRANSACTIONS RELATING TO YOUR PIGGYVEST ACCOUNT, EXCEPT TO THE EXTENT THAT SUCH LOSSES ARE LOSSES PROVEN WITH REASONABLE CERTAINTY AND ARE THE DIRECT RESULT OF AN ACT OR OMISSION MADE BY POCKETAPP DURING THE TERM OF THESE TERMS WHICH CONSTITUTE BAD FAITH, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.

POCKET SHOP - WE SHALL NOT BEAR ANY LIABILITY RELATING TO PRODUCTS PURCHASED OR SOLD ON POCKET SHOP. WE SHALL NOT BE LIABLE IN INSTANCES WHERE PRODUCTS PURCHASED FROM OTHER VENDORS ARE NOT RECEIVED ON TIME. WE SHALL NOT BE LIABLE WHERE PRODUCTS PURCHASED FROM VENDORS ARE FOUND TO BE FAKE OR DAMAGED.

MARKETS - WE SHALL NOT BEAR ANY LIABILITY RELATING TO PRODUCTS PROMOTED ON MARKETS.

ESCROW - IF YOU OPT-OUT OF THE ESCROW PAYMENT OPTION AND DO NOT RECEIVE A PRODUCT OR YOU RECEIVE A PRODUCT THAT IS NOT FIT FOR USE, WE SHALL NOT BEAR ANY LIABILITY RELATING TO SUCH PAYMENT AND PRODUCT.

EXPLORE FEATURE - EXCEPT WHERE COMMUNICATED BY US, WE DO NOT CLAIM ANY OWNERSHIP RIGHTS TO ANY PRODUCTS DISPLAYED ON THE EXPLORE FEATURE.

GIVEAWAY FEATURE - WE SHALL NOT BE LIABLE IN INSTANCES WHERE THERE IS A CLAIM RELATING TO THE SELECTION OF WINNERS, AS WINNERS ARE CHOSEN AT RANDOM AND CANNOT BE SPECIALLY SELECTED. WE SHALL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE, INJURY, CLAIM, EXPENSE OR SUIT ARISING AS A RESULT OF YOUR RELIANCE ON ANY INFORMATION PROVIDED BY ANOTHER USER AND/OR ACTIONS OR OMISSIONS OF ANY USER IN A GIVEAWAY INCLUDING BUT NOT LIMITED TO INACCURATE PRIZE DETAILS, TERMINATION OF THE GIVEAWAY OR FAILURE OF A USER TO FULFIL GIVEAWAYS INITIATED BY SUCH USER.

POCKET IDS - WE SHALL NOT BE LIABLE IN INSTANCES WHERE A POCKETID IS CONFUSING, DECEPTIVE OR MISLEADING ABOUT THE IDENTITY OF THE USER, AND WE MIGHT REQUIRE THE USER TO CHANGE THE POCKETID.

WISHLIST - WE SHALL NOT BEAR ANY LIABILITY RELATING TO AND/OR ARISING FROM MAKING YOUR WISHLIST PUBLIC OR PRIVATE.

INTEGRATED DELIVERY AND INSURANCE OPTIONS - WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF PRODUCTS BY ANY LOGISTICS/DELIVERY COMPANY ACCESSED VIA THIS WEBSITE AND/OR USED BY A VENDOR. WE SHALL NOT BEAR ANY LIABILITY FOR ANY OF THE INSURANCE COVERAGE OPTIONS THAT A USER CHOOSES OR ACCESSES ON THIS WEBSITE.

PAYMENT CARDS - WE SHALL NOT BEAR ANY LIABILITY ARISING FROM PAYMENT CARD WHICH WAS CREATED BASED ON INCORRECT PARTICULARS SUPPLIED BY YOU IN A REQUEST.

VOUCHERS - WE SHALL NOT BEAR ANY LIABILITY FOR LOSS OR ISSUES ARISING FROM THE USE OR MISUSE OF VOUCHERS INCLUDING BUT NOT LIMITED TO INABILITY TO USE SUCH VOUCHERS OR A RETAILER'S REFUSAL TO ACCEPT SUCH VOUCHERS.

25. PROHIBITED USES

You shall not use your PocketApp 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 hello@pocketapp.com. By accepting these Terms, you confirm that you shall not use your PocketApp Account for any of the following:

• Unlawful activity: this includes any activity which violates, or assists in the violation of any law, statute, regulation or sanctions in Nigeria.

• Fraud: this includes any activity which defrauds PocketApp, this Website or other Users of this Website, or provides any false, inaccurate or misleading information to PocketApp.

• Payments related to crptocurrency; this includes transactions using digital wallets or cryptocurrencies, and non-fungible tokens (NFTs)

• Intellectual property infringement: this involves engaging in any activities that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law including but not limited to the use of PocketApp’s intellectual property, name or logo, without express consent from PocketApp or in a manner that otherwise harms the PocketApp brand.

• Abuse of other Users: this includes any activity which interferes with another User's access to the Services, including defamation, extorting, abusing, harassing, threatening or violating the rights and privacy of other users.

26. FRAUD ENQUIRIES

If we contact you regarding an alleged unauthorised or fraudulent activity involving your account, it is required that you respond to any communications from us within 1 (one) Business Day of receiving our communications. This includes providing any requested information or evidence relating to the alleged unauthorised or fraudulent activity.

Unless proven otherwise by you, all our communications shall be deemed to have been received by you at the time they are sent by us.

27. INTEREST ON THE FUNDS HELD IN POCKETAPP ACCOUNTS

You agree that you will not receive interest or other earnings on the funds in your wallet on this Website. Any interests to be offered on the Website will be solely at our discretion.

28. DUE DILIGENCE AND AUDIT RIGHTS

We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all Users of the Website.

You agree to provide to us all such information and documentation as we may require:

1. in order to verify your adherence to, and performance of, your obligations under these Terms;

2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or

3. as otherwise required by law or applicable regulation.

29. BREACHES OF THESE TERMS

In the event of a breach of these Terms, or a reasonable suspicion that you have breached these Terms in any way, PocketApp may:

1. temporarily suspend your access to our Services;

2. permanently prohibit you from accessing our Services;

3. block computers using your IP address from accessing our Services;

4. contact any or all of your internet service providers and request that they block your access to our Services;

5. suspend or delete your PocketApp Account; and/or

6. commence legal action against you, whether for breach of contract or otherwise.

Termination, Restriction or Suspension of PocketApp Account

We reserve the right to terminate, suspend and/or restrict your PocketApp Account or your use our Services where:

(i) we reasonably believe that any transactions or activities on your PocketApp Account are suspicious;

(ii) you are creating problems or possible legal liabilities for us, other Users, or other third parties;

(iii) we reasonably believe that such restrictions will improve the security of PocketApp or reduce our or another User's exposure to financial liabilities;

(iv) we reasonably believe that you are infringing the rights of third parties;

(v) we reasonably believe that you are acting inconsistently with these Terms or our policies or abuse Users and other third parties;

(vi) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;

(vii) you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date; or

(viii) we deem it fit for any reason and at any time, in our interest and that of other third parties.

Where we suspend, prohibit or block your access to our Services you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

To the extent permitted by applicable law and in accordance with the PocketApp Service Level Agreement where applicable, we may, terminate (or suspend access to) your use of our Services.

What if I want to stop using the Services?

You may stop using the Services, close your PocketApp Account, and cancel these Terms by contacting us at [hello@pocketapp.com](mailto:hello@pocketapp.com), and providing sufficient information for us to verify your identity, or in accordance with the PocketApp Service Level Agreement where applicable. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.

Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms.

30. MISCELLANEOUS

Amendment - PocketApp 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 update, revise, modify, or otherwise, reissue these Terms without prior notice. 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 Website or delivering notice thereof to you electronically. 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.

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. 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.

Assignment - You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your PocketApp 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 PocketApp, 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, negligence or wilful misconduct. Such indemnified parties reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defences.

Set-off and Collection Rights - Without limiting our other rights, we may set-off or deduct any amount you owe us from your wallet on the Website, the balance of any proceeds due to you, your Bank Account, and/or other payment instrument registered with us. If we are unable or do not wish in our sole discretion to set-off any amount you owe us, you will immediately pay us, upon demand, such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.

Non-waiver - The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. Specifically, you agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Taxes - You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.

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, general market conditions, 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.

Entire Agreement - These Terms, together with our [Privacy Policy](https://www.notion.so/d375d3290ca240da9feb07b8c7b7c9ce?pvs=21) constitute the entire and sole agreement between You and Us with respect to the Services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Services.

Governing Law - These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria.

Dispute Resolution - For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section) relating to the Services or these Terms, you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action, in the first instance, by mutual discussions between us within fourteen (14) days of either of us notifying the other of the existence of a dispute or claim. We and you shall use all reasonable endeavours to resolve amicably and in good faith any dispute arising out of or in connection with the Services or these Terms.

In the event that we and you are unable to reach an amicable resolution by mutual discussions within the fourteen (14) days referred to in the preceding paragraph, then the complaint may be escalated to the applicable regulatory authority. If the dispute is still not resolved amicably between we and you, or after the intervention of the regulatory authority (where applicable), then such dispute or claim shall be settled through binding and confidential arbitration. As used in this Dispute Resolution Section, "we” and “us" mean PocketApp 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.

Arbitration will be subject to the applicable Arbitration and Conciliation Act in Nigeria and not any state arbitration law.

We and you shall mutually agree on the appointment of a sole arbitrator within fourteen (14) Business Days from when the dispute is referred to arbitration. Where we and you are unable to agree on the appointment of the Arbitrator, such sole arbitrator shall be appointed by the President, the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch (CIARb Nigeria) on the application of either we or you.

The venue of the arbitration shall be Lagos State, Nigeria 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.

You and we must abide by the following rules: (a) the arbitrator will honor claims of privilege and privacy recognized at law; (b) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (c) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (d) each party will pay its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

We shall not be involved in any dispute that may arise between a User and any of its customers (or Purchasers) unless such dispute specifically relates to our transaction settlement obligations or rights for the Services or settlement of funds under the PocketApp Service Level Agreement.

Complaints and Disputes - If you have any feedback, questions, or complaints, contact us via email at **[hello@pocketapp.com](mailto:hello@pocketapp.com)** or on Twitter ***@getpocketapp*.** When you contact us, please provide us with the relevant information we need to verify your account.