Agreement To Our Legal Terms

We are BUNCHBAY NIGERIA LIMITED, doing business as Paysub (‘Company’, ‘We’, ’Us’ or ‘Our’), a company registered under the laws of the Federal Government Nigeria and situated at #87 Kusenla Road, Lekki Lagos, Nigeria. We operate the website http://www.paysub.co (the ‘Site’), any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively the ‘Services’). Paysub is a utility platform that purchases electricity units, airtime, data bundles, and TV subscriptions, hassle-free and from the convenience of your home. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’) and BUNCHBAY NIGERIA LIMITED, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the services you are using. The modified Legal Terms will become effective upon posting or notifying you through an email message sent through paysub.info@bunchbay.com. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 years are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, these persons who choose to access the Services from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, ‘the Content’), as well as trademarks, service marks and logos contained therein (the ‘Marks’). Our Content and Marks are protected by copyrights and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Nigeria and around the world. The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purposes only.

Subject to your compliance with these Legal Terms, including the ‘REVERSAL/REFUNDS’ section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access.

Solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: paysub.info@bunchbay.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of this intellectual property will constitute a material breach of our Legal Terms and your right to use our Services will be terminated immediately.

User Representation

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Legal Terms;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Services for any illegal or unauthorized purposes; and
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).

User Registration

You will be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to reclaim, remove, or change a username you select, if we determine, in our sole discretion that such a username is inappropriate, obscene, or otherwise objectionable.

Purchase And Payment

We accept the following forms of payment:

• Mastercard
• Visa
• Verve
• Bank Transfer

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete transactions and contact you as needed. Sales tax will be added to the price of purchases as demanded by the regulatory agency. These prices may change from time to time. All payments shall be in Naira.

Cancelation

Users can cancel subscriptions simply by stopping using the platform. If you are unsatisfied with our Services, you can email us at paysub.info@bunchbay.com or call us at +2349132077711.

Software

We may include software for use in connection with our Services. If such software is accompanied by an end-user license agreement (‘EULA’), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and by these Legal Terms. Any software and any related documentation are provided ‘AS IS’ without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any risk arising out of the use or performance of any software. You may not reproduce or redistribute any software except by the EULA or these Legal Terms.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive texts), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or other services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any of the portions of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Refunds/Reversal

Requests for Refunds/Reversals for successfully generated tokens will not be honored. USERS ARE ADVISED TO REACH OUT TO THEIR ELECTRICITY DISTRIBUTION COMPANY FOR ASSISTANCE. ONLY FAILED TRANSACTIONS WILL BE REVERSED.

User Generated Contributions

The Services does not support users to submit or post content.

Guidelines For Reviews

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

• You should have firsthand experience with the person/entity being reviewed.
• Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
• Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability.
• Your reviews should not contain references to illegal activity or some form of illegality.
• You should not be affiliated with competitors if posting negative reviews.
• You should not make any conclusions as to the legality of conduct.
• You may not post any false or misleading statements.
• You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers the reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or any claims, liabilities, or losses resulting from any reviews. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

Mobile Application Licensed

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly by the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

• Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
• Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
• Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
• Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
• Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
• Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
• Use the App to send automated queries to any website or to send any unsolicited commercial e-mail.
• Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Third-Party Websites And Content

The Services may contain (or you may be sent via the App or Site) links to other websites (”Third-Party Websites”) as well as articles, photographs, texts, graphics, pictures, designs, music, sound, video, information, applications, software and other contents or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern such access. You should review the applicable terms and policies, including privacy and data-gathering practices of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever for such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on the Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.

Service Management

We reserve the right, but not the obligation to:

• Monitor the Services for violations of these Legal Terms.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
• In our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate these Legal Terms or any of our policies.
• In our sole discretion and without limitation, notice or liability to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
• Otherwise, manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services host are hosted in Nigeria. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Nigeria, then through your continued use of the Services, you are transferring your data to Nigeria and you expressly consent to have your data transferred to and processed in Nigeria.

Terms And Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON, FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including and without pursuing civil, criminal, or injunctive redress.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Governing Laws

These Legal Terms shall be governed by and defined following the laws of Nigeria. BUNCHBAY NIGERIA LIMITED and you irrevocably consent that the Courts of Nigeria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Dispute Resolution

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Nigerian Institute of Chartered Arbitrators according to the Arbitration and Mediation Act, 2023, which, as a result of referring to it, is considered as part of this clause. The number of arbitrators shall be one (1) and the arbitrator shall be appointed by both parties and where parties disagree on the choice of an arbitrator, such arbitrator shall be appointed by the Chairman of the Nigerian Institute of Chartered Arbitrators. The seat of the arbitration shall be Abuja, Nigeria and the language of the arbitration shall be English.

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law,

• No arbitration shall be joined with any other proceeding;
• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and
• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

• Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party;
• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
• Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services, at any time and without prior notice.

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY OF THE WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations Of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Use of the Services;
• Breach of these Legal Terms;
• Any breach of your representations and warranties outlined in these Legal Terms;
• Your violation of the rights of a third party, including but not limited to intellectual property rights; or
• Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Services to manage the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, And Signatures

Visiting the Services, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of electronic records, or to payments or the granting of credits by any means other than electronic means rights.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or for the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us after having drafted them. You hereby waive all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Contact Us

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

BUNCHBAY NIGERIA LIMITED

#87 Kusenla Road, Lekki Lagos, Nigeria.

Phone: +2349132077711

Email: paysub.info@bunchbay.com