Terms of Use

By using this website (www.klasha.com), any of our websites and/or services, you agree to these Terms of Use. The website Privacy Policy and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use.

This Terms of Use is an agreement between you and Klasha Technologies Limited (‘Klasha’). It details our obligations to you. It also highlights certain risks in using the services and you must consider such risks carefully as you will be bound by the provisions of this Agreement through your use of this website or any of our services.

About us

Klasha is a payments solution for commerce across Africa. We help merchants worldwide sell online to Africa and receive payments in local African currencies.

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.

Our services

Klasha offers Payment Services that allow you to authorize payments for the purchase of goods and services online. We are not a bank and do not offer banking services as defined by the Banks and Other Financial Institutions Act, 2020.

The channels through which we offer our services include a web and mobile application made available through our website and/or other platforms (the “App” or “Application”), a payment checkout API (the “Checkout”) and other features or content which we offer now and/or may be offered in the future, in connection with the website, the Application or Checkout (collectively referred to as the ("Services").

Who May Use Our Services?

You may use the Services only if you agree to form a binding contract with Klasha and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

Eligibility

By using the Services, you represent that:

  1. a) You have attained the age of 18 years;
  2. b) You are of sound mind and have the capacity to enter into a legally binding contract;
  3. c) All personal information that you provide about yourself is accurate and true to the best of your knowledge; and you have the responsibility to maintain the accuracy of the information at all times.
  4. d) You have carefully considered the risks involved with using the Services; and
  5. e) Your use of the Services does not violate any applicable law or regulation.

User registration and account protection

Account creation

While you can browse the site and utilize the Checkout without creating a user account (“Account”), accessing and utilizing our Services requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which functions as your username and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You shall not misrepresent your identity or your affiliation with any person or organization and you are not allowed to use another user’s Account for any purpose whatsoever.

You may access the profile associated with your Account (“Profile”) on the App when you are logged-in. When you access your Profile, you can edit certain information, including your email address and password, or any additional information relating to your Profile. You can also contact us directly at hello@klasha.com to edit your information. It is your responsibility to ensure your contact information is accurate and up to date.

Account protection

You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account, you must notify us immediately via email at hello@klasha.com. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.

Account termination

If you wish to terminate your account, you may simply discontinue the use of our Services by ceasing to use the Services and deleting all copies of the App from your devices. Upon termination, your right to use the Services will immediately cease.

We may terminate or suspend access to the Site and/or the App immediately, without prior notice or liability to you, for any reason whatsoever, including without limitation if you breach these Terms or any of the other agreements we may have.

We also reserve the right to terminate your account if we reasonably suspect that your account is being used for fraudulent transactions. This shall be without prejudice to our rights to make a report to law enforcement.

Consequently, you will not receive any further communications from us unless and until you create a new Account or you otherwise request that we provide communications to you.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Authorization

In connection with your use of our Services, you authorize us to act as your agent for the limited purposes of making payments on your behalf. Your authorization permits us to generate virtual payment cards (“Virtual Cards”) for every transaction that you authorize. Your authorizations will remain in full force and effect until you close a Virtual Card or your Klasha Account is closed or terminated.

Virtual Cards are not issued to you and are not for consumer use. They are issued to Klasha and are used exclusively by Klasha to make payments on your behalf. You cannot use Virtual Cards in any way beyond their intended purpose.

Using the app to authorize payments

For security and fraud protection, there is an initial limit on the amount you can authorize in a transaction and there is an initial limit on the total amount you can authorize over a period of time. The maximum amount of a single load and the maximum total balance for your account is 5 million Naira (or equivalent). Additional periodic limits are subject to increase or decrease at our discretion. These periods could be per day, per week and per calendar month or as we deem fit.

Bank transfer authorization

When your bank account is used as your funding source for a transaction, you are requesting that we initiate an electronic transfer from your bank account, on your behalf. You agree that such requests constitute your authorization to Klasha to make the transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Klasha may resubmit any debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by applicable law.

Funding source

Payments made by Klasha on your behalf are settled to an authorized funding source. In order to use Klasha’s Payment Services, you must first add an eligible funding source to your Klasha Account via the Klasha Site or App. By connecting a funding source, you are pre-authorizing recurring transfers by Klasha from that funding source.

If you add a funding source to your Klasha Account, you represent that:

  • You are the owner of the funding source;
  • You are authorized to transfer funds from that funding source; and
  • You authorize us to initiate debits from your funding source according to your instructions.

Any authorizations to debit a funding source will remain in full force and effect until you cancel the authorization by removing the funding source. You can remove a funding source on the Klasha App

Payment delay or refusal

We reserve the right to delay or refuse to make a payment in the following circumstances:

If the applicable law prevents us from making the payments or if it requires us to carry out further due diligence before making the payment;

  • If you have not complied with the Terms in a way that we reasonably believe justifies us delaying or refusing the payment
  • If there is not enough money available in your account to make the payment or cover transaction costs
  • If processing the payment with contradict any portion of these Terms or if your instruction does not contain the requisite information for us to make proper payment;
  • If the amount is over or would take you over, any limits that applies to your account;
  • If we find that an insolvency order has been made against by a court; or
  • If we have suspended your account.

You will get a notification when we refuse to make payment and you may contact us through hello@klasha.com or our other established channels to get clarity and resolve the issuer.

Klasha will not be responsible for any direct or indirect losses which you may suffer as a result of the exercise of our rights to delay or refuse payments into or from your accounts.

Payment disputes

If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us take action to help prevent financial loss.

All claims against us related to payments should be made within 30 (thirty) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment gateway.

We may intervene in disputes between users and merchants concerning payments but have no obligation to do so.

Your transaction ID and/or transaction details will be required to resolve all disputes

Reversal of payment

Klasha reserves the right to reverse funds which have been disbursed in a transaction where:

  • there is suspicion of fraud or fraudulent activity;
  • the payment scheme, funding source or other financial institution refuses to settle the transaction;
  • the transaction amount was in fact, not authorized; or
  • any other circumstance Klasha deems necessary.

Intellectual Property Protection

Subject to your compliance with these Terms, Klasha grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any content made available on or through the Services and accessible to you, solely for the uses authorised by these Terms and any other Agreement incorporated into these Terms.

The Services, entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) on all our platforms and channels, are owned by Klasha, its licensors or other providers of such material and are protected by the laws of the Federal Republic of Nigeria and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The content/material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Klasha, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

You may use the Services solely for the purposes authorised  and/or to learn about Klasha’s products and services, and solely in compliance with these Terms; provided that you do not remove any proprietary notice language in our Content or part thereof, do not copy or post such Content or part of Content to any networked computer or broadcast it in any media, make no modifications to any such Content or part of Content and not make any additional representations or warranties relating to the Services or/and Klasha’s products or/and services.

Prohibited use of the services

By using the Services, you agree that you will not:

  • Use any of the Services in violation of these Terms;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the website, the App, the Checkout function, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Use, display, mirror or frame the Content, or any individual element within the Klasha Site or App, Klasha’s name, any trademark, logo or other proprietary information belonging to Klasha, or the layout and design of any page or form contained on a page in the Site or App, without Klasha’s express written consent;
  • Dilute, tarnish or otherwise harm Klasha’s brand in any way, including through unauthorized use of our Content, registering and/or using the “Klasha” name or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Klasha’s domains, trademarks, taglines, promotional campaigns or Content;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Services or any part thereof;
  • Use any page-scrapes, "robots," "spiders," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or the Application.
  • Use the Services in any manner that damages, disables, overburdens, or impairs the Services or interferes with any other party's use and enjoyment of any of the Services;
  • Utilize the Services for any illegal purpose;
  • Attempt to gain unauthorized access to any of the Services;
  • Probe, scan or test the vulnerability of the Site or App or any network connected to the Site or App, or breach the security or authentication measures on the Site or App or any network connected to the Site or App;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or App or any systems or networks connected to the Site or App;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of any of the Services.

Third-party services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

You acknowledge and agree that Klasha shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Klasha does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Disclaimer & Limitations of liability

To the maximum extent permitted by applicable law, Klasha disclaims any and all representations, warranties and conditions relating to the Services and the use of the Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Klasha MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR APP AND THEIR CONTENT FOR ANY PURPOSE. THE SITE, APP AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.

IN NO EVENT SHALL Klasha BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED.

YOUR SOLE REMEDY AGAINST Klasha FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING ANY OR ALL OF THE AFFECTED SERVICES.

Without prejudice to the foregoing provisions, your use of our site and services is at your own risk. You agree to that Klasha will no way be liable for (a) any direct, indirect, special, incidental punitive, consequential, punitive, special or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or ten thousand united states dollars (US$ 10,000.00) dollars, whichever is lesser (including, without limitation, those  damages resulting from revenue loss of revenues, lost profits, profit loss of, use, data, goodwill, loss of use , business interruption, or any other intangible losses), (whether Klasha has been advised of the possibility of such damages or not) arising out of or in connection with Klasha’s website or services (including, without limitation, use, to inability to use, or arising from the results  of use of Klasha’s website or services) whether such damages are based on warranty, tort, contract, tort, statute, or any other legal theory.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Updates, Modifications & Amendments

We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.

Indemnification

You agree to indemnify, defend and hold harmless Klasha, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of these Terms.

Applicable Law

These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

Legal Disputes

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.

Severability

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Assignment

This agreement is a personal agreement between Klasha and you. As a result, you are not allowed to assign your rights under this agreement to a third party. On the other hand, we can and will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won't have a significant negative effect on your rights under these Terms or if we need to do so to keep to any legal or regulatory requirement.

Waiver

Our failure or delay in enforcing any of our rights under these terms, if you have break the agreement does not amount to a waiver and will not prevent us from enforcing those or any other rights at a later date within the period stipulated by applicable law.

Privacy Policy

You agree to Klasha’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.

Contact us

If you have any questions about these Terms, please contact us at hello@klasha.com.