GENERAL TERMS OF SERVICE FOR BUYERS AND SELLERS

Introduction

Wayg operates an e-commerce marketplace consisting of a website (“Platform”) together with supporting infrastructure for the sales and redemption of vouchers in Nigeria (“territory”).

These Terms and Conditions (“Terms”) contained on this webpage is a legal agreement between you, as a prospective user of Wayg Limited (Wayg, “we”, “our” or “us”) and shall govern your access to and use of the platform and related services.
By using our platform, you hereby accept all terms and conditions contained herein in full and without any reservation, limitation or qualification, including our privacy policy . You must not use any of the Services, if you have any objection to any of these Terms.

Definitions

Waygshop: It's a shop created by a seller, linked to their business, and dedicated to selling vouchers eligible for that business.

Waygcard: A Waygcard is a digital or physical card with a 16-character code, purchased from Waygshops.

Eligibility

If you use our platform in the course of a business or any other organisational project then by so doing you:

  1. Confirm that you have obtained the necessary authorisation to agree to these general terms and conditions.
  2. Confirm that you are not a person barred from receiving services under the laws of applicable jurisdiction.
  3. Bind both yourself and the person or company or other legal entity that operates that business or organisational project to these general terms and conditions.
  4. Agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

Restricted Access

Access to certain areas of this website is restricted. Wayg reserves the right to restrict access to certain areas of our products and services including this website, or at our discretion, the entire platform.

Age Restriction

Our Services are not directed to children under eighteen (18). We do not knowingly provide any services to children under 18. By using our services, you hereby warrant and represent that you are at least 18 years of age.

Account Security

You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Wayg will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Wayg’s platform (including, without limitation, using PIN and/or password protected personally configured device functionality to access Wayg’s platform and not sharing your device with other people).

Privacy And Data Protection

The use and collection of personal information is governed by our privacy policy . Wayg is highly committed to protecting the privacy of your personal information in line with global industry best practices. By using our Services, you acknowledge and agree that Wayg’s collection, usage, and disclosure of this personal information is governed by our privacy policy .

Acceptable Use

Our Platform must not be used in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of this website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
This website must not be used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan, or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without Wayg’s express written consent. E.g. scraping, data mining, data extraction, data harvesting, screenshots.
This website or any part thereof must not be used to transmit or send unsolicited commercial communications, nor must it be used for any purposes related to marketing without the express written consent of Wayg.

Identity Verification

You hereby authorise Wayg to, directly or through the use of a third party or parties, make any inquiries we consider necessary to verify your identity and/or your transaction and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports.
You further authorise any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

Promotions, Referrals, and Loyalty Programs

Wayg retains the exclusive right to introduce promotions, referral programs, and loyalty programs, each equipped with distinct features, to Users or potential Users at its discretion. In cases where Wayg determines or suspects that the redemption of a promotion or the acquisition of credits or benefits was erroneous, fraudulent, illegal, or in violation of the relevant terms or this Agreement, Wayg may withhold or deduct such credits or benefits. Wayg also holds the authority to cease, modify, or cancel any promotions or programs at any time and without prior notice, exercising its sole discretion.
As part of the Wayg Platform, the referral program may offer incentives for referring friends and family to join as new Users. Your participation in the Referral Program is governed by the terms outlined in this Agreement.

Intellectual Property

Anything you upload remains yours (if it was originally yours) and is your responsibility, but Wayg can use and publish the things you upload. Anything uploaded to Wayg remains the property and responsibility of its initial owner. However, Wayg will receive a licence for materials published through our Platform that we may use to operate and promote our Platform.
We do not claim ownership of the Materials you provide to Wayg; however, we do require a licence for those Materials. You grant Wayg a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and licence to use the names, trademarks, service marks, and logos associated with your account to operate, provide, and promote the Platform and to perform our obligations and exercise our rights under these Terms of Service.
You agree that you may not use any trademarks, logos, or service marks of Wayg, whether registered or unregistered unless you are authorised to do so by Wayg in writing. You agree not to use or adopt any marks that may be considered confusing with the Wayg Trademarks. You agree that any variations or misspellings of the Wayg Trademarks would be considered confusing with the Wayg Trademarks.
We do not grant any right or licence to any Wayg intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.
You acknowledge and agree that the Terms of Service do not give you any right to implement Wayg patents.

Publicity

You hereby grant Wayg permissions to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. Such Publicity does not imply an endorsement for your products and services.

Confidential Information

Both you and Wayg agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service.
As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

Anti-Money Laundering Policy

Money laundering has been a major instrument through which major atrocities have been funded in this world, including wars, terrorism, government corruption, human trafficking, illegal gun trade, and drug trafficking, amongst many. Several governments, including that of Nigeria, have come up with laws, rules, and regulations all in a bid to eliminate money laundering and save the world from its effects.
Some of these laws and regulations are the Money Laundering (Prohibition) Act, 2011 (as amended), Terrorism (Prevention) Act, 2011 (as amended), and the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks, and other Financial Institutions in Nigeria) Regulations, 2013.
Wayg, as a responsible company, frowns at and is committed to fighting, money laundering, and fully complying with anti-money laundering laws in Nigeria.
We are aware of the difficulties and risks that come with digital assets transactions, making it a popular channel for money laundering. To keep our company free of money launderers, we have come up with policies and structures that ensure that we comply with all government laws and regulations set up to fight money laundering. We have also taken steps to implement policies, independent of government input, which the company believes aids in preventing money laundering on its platform.
Our policies and structures are regularly updated to keep our company compliant with changes in regulations and to keep us abreast and compliant with international best practices.

In complying with the extant money-laundering laws and regulations, and international best practices, we:

  1. Created a compliance unit that is headed by a compliance officer who spearheads the company’s anti-money laundering policy implementation in line with government policies;
  2. Are dedicated to the development of vetting systems to manage and mitigate risks of money laundering, discover suspicious transactions, and report such transactions to the relevant authorities;
  3. Review and identify areas of potential money-laundering risks and report such risks to the relevant authorities;
  4. Placed necessary transaction limits which are regularly reviewed by the company based on government policy or industry standards;
  5. Constantly cooperate with investigative efforts of security agencies and relevant government agencies by placing a lien on accounts being investigated for fraud, money laundering, and any other criminal activity;
  6. Do regular background checks on suspicious users based on transactions processed and other activities within the platform.

Notification of Errors

You agree to notify us immediately if any error is detected while reconciling transactions that have occurred using Wayg. We will investigate and rectify the errors where verified. In the event that we notice any errors, we will also investigate and rectify such errors.
Where we owe you money as a result of such errors, we will refund the amounts owed to you by a bank transfer to your Bank Account.
If a transaction is erroneously processed through your shop, report to us immediately. We will investigate any such reports and attempt to rectify the errors.
Failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to amounts that are owed to you due to an error.

Refunds

Upon purchasing a Waygcard, you may redeem its value within 30 days of the purchase date, provided that the Waygcard has not been previously redeemed. Wayg can not issue refunds for the redeemed value of a Waygcard, as our obligations to the user have been fulfilled, and the corresponding funds are no longer in our possession. For instance, if you purchase a Waygcard worth NGN 50,000 and you redeem NGN 20,000, Wayg can not refund the redeemed NGN 20,000. However, we can process a refund for the remaining NGN 30,000, provided the request is made within the initial 30 days from the date of purchase. After this 30-day period, you are no longer eligible for a refund.
Refunds are subject to a 5% refund fee that will be deducted from the purchase price.
We reserve the right to modify our refund policy for any reason, without notice and at any time.

Wayg Rights

Wayg has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your shop. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Wayg Account, we can freeze a Wayg Account or transfer it to the rightful owner, as determined by us.
  1. The Services have a range of features and functionalities. Not all Services or features will be available to all merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
  2. Wayg does not pre-screen materials and it is in our sole discretion to refuse or remove any materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our Terms of Service.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Wayg employee, member, or officer will result in immediate Account termination.
  4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Wayg employees and contractors may also be Wayg customers or merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
  5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business licence, government-issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
  6. Wayg reserves the right to determine, in our sole discretion, rightful account ownership and transfer an Account to the rightful store owner. If we are unable to reasonably determine the rightful store owner, without prejudice to our other rights and remedies, Wayg reserves the right to temporarily suspend or disable an account until a resolution has been determined between the disputing parties.

Disclaimers

Wayg is not a banking institution or other chartered financial institution and does not represent itself as such.
You expressly understand and agree that to the extent permitted by applicable law, your use of the Services is at your sole risk and that the services are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults. Wayg expressly disclaims all warranties, representations, and conditions of any kind, whether expressed or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Platform.
  1. Wayg makes no warranties, representations or conditions that:
    1. The Platform will meet your requirements
    2. Your use of the Platform will be uninterrupted, timely, secure or error-free
    3. The results that may be obtained from use of the Platform will be accurate or reliable. We cannot guarantee continuous or secure access to the Platform, and operation of the Platform may be interfered with by numerous factors outside our control
  2. Any content downloaded from or otherwise accessed through the Platform is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Platform, or any other loss that results from accessing such content.
  3. The Platform may be subject to delays, cancellations and other disruptions. Wayg makes no warranties, representations or conditions with respect to the Platform, including but not limited to, the quality, effectiveness, reputation and other characteristics of the Platform.
  4. No advice or information, whether oral or written, obtained from Wayg or through the Platform will create any warranty not expressly made herein.
  5. From time to time, Wayg may offer new “BETA” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Wayg’s sole discretion. The provisions of this section apply with full force to such features or tools.
  6. You are responsible for the use of your User account and Wayg expressly disclaims any liability arising from the unauthorised use of your User account.
  7. It is possible for others to obtain information about you that you provide, publish or post to or through the Wayg Platform (including any profile information you provide), send to other Users, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Wayg Platform or through or Third-Party Services. Please carefully select the type of information that you post on the Wayg Platform, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorised users, or “hackers”).
No Liability for Conduct of Other Users or Third Parties. You acknowledge that Wayg is not liable and you agree not to seek to hold Wayg liable for the conduct of other users whether online or offline including third parties and that the risk of injury from such third parties rests entirely with you.
  1. Wayg makes no guarantee that the services provided by third parties or other users will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Wayg makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any User content obtained through the Platform.
  2. We are not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of services/products advertised, the truth or accuracy of users’ content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for Products, or that Buyer or Seller will actually complete a transaction or return all Products.
  3. We want to emphasise that Wayg has no control over the intended Recipient, other users of the platform, or the seller. Consequently, we disclaim any liability for any loss or damage that may occur as a result of your interactions and transactions with other users or businesses on the platform.
  4. As part of the Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for Wayg to monitor such materials and that you access these materials at your own risk.
  5. Wayg is not responsible for ensuring the reachability of Users. Wayg is not responsible for ensuring that shop owners will always be available to accept purchased Waygcards.
  6. We cannot guarantee that each User is who he or she claims to be. Please use common sense when using our services and Third-Party Services. Please note that there are also risks of dealing with underage persons or people acting under false pretence, and we do not accept responsibility or liability for any content, communication or other use or access of the Wayg Platform by persons under the age of 18 in violation of this Agreement.

Limitation of Liability

Your use of the Wayg Platform and Services is at your own risk. You agree to the limitation of liability clause to the maximum extent permitted by applicable law: Wayg will in no way be liable for any direct, indirect, incidental, punitive, consequential, special or exemplary damages or any damages including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption or any other intangible losses (whether Wayg has been advised of the possibility of such damages or not) arising out of Wayg’s Platform (including, without limitation to inability to use, or arising from the result of use of Wayg’s Platform) whether such damages are based on warranty, tort, contract, statute or any other legal theory.
Some jurisdictions do not allow exclusion of certain warranties or limitations on the scope and duration of such warranties, so the above disclaimers may not apply to you in their entireties, but will apply to the maximum extent permitted by applicable law.
Wayg is not responsible for any of your tax obligations or liabilities related to the use of Wayg’s Platform.

Indemnification

You hereby indemnify Wayg and undertake to keep Wayg, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Wayg harmless from and against any claim, suit or proceedings brought against Wayg arising from or in connection with violations of intellectual property or other rights of third parties in relation to your use of the Platform.

Breach of these Terms

Without prejudice to Wayg’s other rights under these Terms, if you breach these Terms in any way, Wayg may take such action as Wayg deems appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider requesting that your access to the Wayg Platform be blocked and/or bringing court proceedings against you.
By using the Wayg Platform, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause Wayg significant and irreparable injury and damage. Accordingly, you acknowledge that Wayg shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such an event.

Governing Law

This Agreement and the rights and obligations of the Parties hereunder shall be governed by and interpreted and construed in accordance with the laws of the Federal Republic of Nigeria.

Termination

You may terminate your agreement with Wayg ceasing to use Wayg Services. We may suspend or terminate our Services to you at any time, for any reason including without limitation, breach of these Terms, fraud, impersonation, etc.
Upon termination, your right to use the Wayg Services or platform will immediately cease.

Modification to the Agreement

Wayg reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Wayg reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting unless specified otherwise. Continued use of the Wayg Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Platform in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Platform, among other things).
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Wayg Platform or by similar means.
These terms and conditions, together with Wayg's privacy policy constitute the entire agreement between you and Wayg in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

General

These Terms supersede and extinguish all previous agreements between you and Wayg whether written or oral, relating to its subject matter. In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain subsisting and in full effect. Wayg’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect. Users of the Platform agree that they may not involve Wayg or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Merchant, or other third party arising out of or in any way related to the Platform ("Dispute"); if you attempt to do so, you shall: (i) pay all costs and reasonable attorneys' fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.
Any notice required or given to you under the Terms may be delivered by electronic mail at the email address you provide during registration on the Site.
These Terms constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
If you have any questions or problems with any order placed by you in connection with the Platform, please contact us via the support link on the Platform. For prompt service, please include your order number and the specific problem.

Feedback and Reviews

We welcome any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion, or related material or any review of the Services to Wayg be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to Wayg (whether submitted directly or posted on any Wayg-hosted forum or page), you waive any and all rights in the Feedback and that Wayg is free to implement and use the Feedback if desired, as provided by you or as modified by Wayg, without obtaining permission or licence from you or any third party.