Klasha is a technology company in partnership with licensed payment service providers, offering commerce payment solutions 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.
Klasha offers payment services that allow you to authorise payments to purchase 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 or other platforms (the “App” or “Application”), a payment checkout API (the “Checkout”), and other features or content which we offer now and maybe 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 organisation, you represent and warrant that you are authorised to do so.
By using the Services, you represent that:
a)You have attained the age of 18 years;
b)You are of sound mind and have the capacity to enter into a legally binding contract;
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;
d)You have carefully considered the risks involved with using the Services and;
e)Your use of the Services does not violate any applicable law or regulation.
User registration and account protection
While you can browse the site and utilise the Checkout without creating a user account (“Account”), accessing and utilising 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 that functions as your username, and a password, 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 organisation, 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. You can also contact us directly at email@example.com to edit your information. Your responsibility is to ensure your contact information is accurate and up to date.
You must provide valid identification documents to be verified before transactions can be carried out in your account. Such identification documents include your Bank Verification Number (BVN) and a valid identification document such as a Driver’s License, Voters Card, National Identification Number, and International Passport. Your account will be restricted to certain limits if your identity is not verified.
You are responsible for maintaining the security and confidentiality of your username and password. You may not share your account information with third parties or allow third parties to use your Account. If you believe an unauthorised person has obtained your password or accessed your Account, you must notify us immediately via email at firstname.lastname@example.org. We will not be liable for any loss that you may incur due to someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses another related party or we incur due to someone else using your Account.
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 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 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.
The Virtual Card is issued to you to be used for lawful transactions. The validity of the Virtual Card will remain until either your card expires, you cancel it, or your Klasha Account is closed or terminated. You cannot use Virtual Cards in any way beyond their intended purpose.
Using the app to authorise payments
For security and fraud protection, there is an initial limit on the amount you can authorise in a transaction, and there is an initial limit on the total amount you can authorise over a period of time. Additional periodic limitations 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 authorisation
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 authorisation to Klasha to make the transfer, and once you have provided your consent for the transfer, you will not be able to cancel the electronic transfer, and Klasha may resubmit any debit you authorised that is returned for insufficient or uncollected funds, except as otherwise provided by applicable law.
Payments made by Klasha on your behalf are settled to an authorised 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-authorising 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 authorised to transfer funds from that funding source; and
•You authorise us to initiate debits from your funding source according to your instructions.
Any authorisations to debit a funding source will remain in full force and effect until you cancel the authorisation by removing the funding source. You can remove a funding source on the Klasha App.
Virtual card fee
Virtual card creation fee: The virtual card costs $2.00 and this fee is charged at the creation of the card. This fee may be removed, increased or decreased from time to time by Klasha.•Card to card transaction fee: A fee of $0.3 + 1.2% of the value of transaction will be charged for card to card transactions on the virtual card.
•Card denial request: A fee of $0.3 will be charged for every denial visa request (when you attempt to use your card without available balance).
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 contradicts 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 apply to your account;
•If we find that an insolvency order has been made against us 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 email@example.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.
Foreign exchange fluctuation
Exchange rates constantly fluctuate and thereby give rise to risk and uncertainty. We will publish the applicable exchange rates at which we settle transactions. You agree that your transactions on the Platform shall be effected and settled at the prevailing market rate in freely convertible currency on the date of transaction. For the avoidance of doubt, this means that at certain times, the exchange rate at which you make deposits will not be the exchange rate at which your withdrawals will be settled.
Without prejudice to the foregoing, you agree that you will not trade, hedge, or participate in any foreign exchange-related activity that will impair the delivery of our Services or interfere with the use of our Services by other persons.
If you believe that an unauthorised or otherwise problematic transaction has taken place, you agree to notify us immediately to enable us to 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 a 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.
Once Klasha initiates a payment on behalf of a customer, and the payment reaches the account of the beneficiary for the purpose of such transaction, the payment process is deemed successful. Klasha will not be liable for any issues that may arise in relation to any obligation of the beneficiary to the customer with regards to such payment or be involved in any dispute over the goods or services purchased.
In relation to contentious transactions, Klasha only acts as a payment gateway and will not be liable to recall such a payment or initiate a refund. Requests for the recall or refund of payment should be directed at the beneficiary of said payment.
Reversal of payment
Klasha reserves the right to reverse funds that 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 authorised; or
•Any other circumstance Klasha deems necessary.
Reversals from virtual cards may take 10 to 15 working days and up to 45 days on rare occasions to appear in your account.
Intellectual property protection
Subject to your compliance with these Terms, Klasha grants you a limited, non-exclusive, non-sublicensable, 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 unauthorised 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 the 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 unauthorised 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 another 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;
•Utilise the Services for any illegal purpose;
•Attempt to gain unauthorised 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.
•Use our Platform or any of our Services to trade, hedge, or otherwise take advantage of the fluctuations between currencies. You also agree that you will not participate in any forex-related activities that will abuse, impair the delivery of our Services or interfere with our or any other person’s use and enjoyment of any of the Services.
We reserve the right to cancel your account indefinitely if your account is flagged for being involved in any of the above-mentioned activities.
We may display, include or make available third-party content (including data, information, applications, and other products and 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 and 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 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 that Klasha will in 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), 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 the use of Klasha’s website or services) whether such damages are based on warranty, 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 unauthorised 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.
Disclaimer on cryptocurrency activities
In line with the relevant Central Bank of Nigeria directives on cryptocurrency use in Nigeria, Klasha declares that it is in no way a dealer in cryptocurrency exchange. We do not accept, buy or make payouts to our customers in any cryptocurrency on our website, and nothing should be taken as an offer to sell, buy, hold or make a payment in cryptocurrency or any financial instrument not approved by the Central Bank of Nigeria.
Updates, modifications and amendments
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.
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 fulfil any legal or regulatory requirement.
Our failure or delay in enforcing any of our rights under these terms, if you have broken 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.
Last updated: April 2022.
THE INFORMATION WE COLLECT
When you use our website or service, we may collect certain types of information about you including the following:
Information you provide to us
This includes but is not limited to your personal data (such as your name, phone number(s), email address, home and office addresses, delivery address, product and service preferences, and responses) and your social network data (such as your social media profiles and usernames).
In our efforts to ensure we are fully compliant with all applicable financial laws, we may collect, use, store and transfer the different kinds of personal data you supply to us in accordance with our “know your client” obligations under the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) in Banks and Other Financial Regulations (Amendment) Regulations, 2019.
Information we collect automatically
This includes but is not limited to your IP address, browser type, mobile device ID, device type, operating system version, connection information, mobile network information, a location derived from GPS-enabled services, and information based on your usage of the service such as time, date and duration of your use, referral URLs, search terms and search history, camera, contact list, browsing history, purchase history, advertisement interactions and other statistics, including transactions you carry out when using our service.
Information we obtain from third parties
We may retrieve additional personal information about you from third parties and other identification/verification services such as your financial institution and payment processor. With your consent, we may also collect additional personal information in other ways including emails, surveys, and other forms of communication. Once you begin using our services through your Klasha account, we will keep records of your transactions and collect information on your other activities related to our services. We will not share or disclose your personal information with a third party without your consent except as may be required for the purpose of providing you with our services or under applicable legislation.
In providing you with our services, we may rely on third-party servers located in foreign jurisdictions from time to time, which as a result, may require the transfer or maintenance of your personally identifiable information on computers or servers in foreign jurisdictions. We will endeavour to ensure that such foreign jurisdictions have data protection legislation that is no less than the existing data protection regulations in force in Nigeria and your personally identifiable information is treated in a safe and secure manner.
WHY WE COLLECT YOUR INFORMATION
We collect your information to ensure your easy and seamless access to our services. We use the information we collect for the following purposes:
1. to enable us to provide you with a personalised experience of our product and services;
2. to communicate with you and provide you with information on our services, such as marketing content, newsletters and service update. However, we will provide you with an option to unsubscribe if you do not want to hear from us;
3. to provide support services to you;
4. to process your orders and requests;
5. to analyse and understand your use of our products and services;
6. to protect against illegal, malicious, and fraudulent activity;
7. to analyse and improve the quality of our services and offerings;
8. to facilitate your interactions with our social media platforms;
9. to analyse and learn about our user's demographics, interests, and behaviour;
10. to identify and repair errors and bugs on our platforms;
11. to facilitate the dissemination of information about our services and our partners;
12. To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
13. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
14. to make suggestions and recommendations to you and other users of our site about goods or websites that may interest you or them, identify your preferences, and personalize your experience with our website; and
15. to display ads for features, products, and websites that might be of interest to you.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We may sometimes share the information we have collected from you with third parties.
You agree that we have the right to share your personal information:
1. with any of our affiliated companies, subsidiaries, website providers, and professional advisers on a need-to-know basis;
2. with financial website providers, including the financial institutions identified in your cardholder bank agreement that provide banking Websites in connection with your account;
3. with non-financial companies, such as email website providers that perform marketing websites on our behalf, and fraud prevention website providers that use the information to provide websites to us;
5. with selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
6. with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets or alternatively, acquire all or parts of their businesses;
7. in response to a request for information, if we are required by, or we believe disclosure is in accordance with, any applicable law, regulation or legal process; and
8. with relevant law enforcement officials or other third parties, such as investigators or auditors, if we believe it is appropriate to investigate fraud.
We may share the information to facilitate the seamless delivery of our services or in compliance with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws.
Our cookies never store personal or sensitive information; they simply hold a unique random reference to you so that once you visit our website we can recognise who you are and provide certain content to you.
If your browser or browser add-on permits, you have the choice to disable cookies on our website, however this may impact your experience using our website.
GOVERNING PRINCIPLES OF DATA PROCESSING
We process your information in accordance with the provisions of the Nigeria Data Protection Regulation 2019 and all other applicable legislation relating to privacy or data protection in Nigeria (the Regulations). These principles:
1. Your personal data is collected and processed in accordance with specific, legitimate and lawful purpose consented to by you, provided that further processing may be done by archiving the data for public interest, scientific or research purposes, or statistical purposes.
2. The data collected is adequate, accurate and without prejudice to the dignity of the human person.
3. The data collected is stored only for the period within which it is reasonably needed.
4. The data collected is secured against all foreseeable hazards and breaches such as theft, cyberattack, viral attack, dissemination, manipulations of any kind, and damage by rain, fire or exposure to other natural elements.
5. We owe a duty of care to you in respect of the data we have obtained from you.
HOW WE SAFEGUARD YOUR INFORMATION
We have put in place various security procedures as set out in this policy.
1. Our Website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site safe as possible.
2. We use regular malware scanning.
3. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
4. All transactions are processed through a gateway provider and are not stored or processed on our servers.
In addition to the security measures we employ, you must also ensure that you take responsibility for the protection of your personal information. We will not be liable for any loss or damage caused by the activities of hackers and fraudsters when we have taken all necessary and reasonable steps to protect your information in our possession. You are also responsible for safeguarding your username, password and financial information.
LINKS TO THIRD-PARTY WEBSITES
When you access those websites, they may collect your personal information in accordance with their privacy and data collection policies. We are not responsible for the data collected by these third parties and you are advised to study their privacy policies before you make use of their services.
YOUR PRIVACY RIGHTS
By providing us with your personal information, you have certain rights in accordance with the provisions of the Regulations which include:
1. the right to request access to your personal data in our possession;
2. the right to object to or request restriction of the processing of your personal data;
3. the right to request rectification and modification of personal information which Klasha keeps;
4. the right to request for the deletion of your personal data in our possession;
5. The right to request the transfer of your personal data to you or to a third party.
5. The right to withdraw your consent at any time where we are relying on consent to process your personal data.
To exercise any of the rights listed here, please contact us through the details provided below.
All such requests will be reviewed and considered in accordance with the provisions of the applicable data protection regulations.
You also have the right to opt out of receiving the informative materials we send to our users by clicking the “Unsubscribe” button found at the bottom of such emails. You also have the right to decline to provide your Personal Information when it is requested, however, certain services or all the services may be unavailable to you.
INTERNATIONAL TRANSFER OF YOUR INFORMATION
We may need to transfer your information in our possession to third parties outside Nigeria. Such transfers will only be done in accordance with the Regulations. While undertaking the international transfer of your information, we will put security measures in place to reasonably protect your data during transmission. We shall, among other things, confirm whether the country is on the National Information Technology Development Agency (“NITDA”) White List of Countries with adequate data protection laws.
DATA RETENTION PERIOD
We will retain your information for as long as your account is active or as needed to provide our services to you, comply with our legal and statutory obligations or verify your information with a financial institution.
Klasha is statutorily obligated to retain the data you provide us with in order to process transactions, ensure settlements, make refunds, identify fraud and be in compliance with laws and regulatory guidelines applicable to us, our banking providers and card processors.
Therefore, even after closing your Klasha account, we will retain certain personal information and transaction data to comply with these obligations. All personal information shall be destroyed by Klasha where possible. For all personal data and records obtained, used and stored by Klasha, we shall perform periodical reviews of the data retained to confirm the accuracy, purpose, validity and requirement to retain.
The length of storage of personal information shall, amongst other things, be determined by:
1. the contract terms agreed between Klasha and the data subject or as long as it is needed for the purpose for which it was obtained; or
2. whether the transaction or relationship has statutory implication or a required retention period; or
3. whether there is an express request for deletion of personal data by the data subject, provided that such request will only be treated where the data subject is not under any investigation which may require Klasha to retain such personal data or there is no subsisting contractual arrangement with the data subject that would require the processing of the personal data; or
4. whether Klasha has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
We maintain a data breach procedure in order to deal with incidents concerning personal information or practices leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal information transmitted, stored or otherwise processed. You may contact our DPO upon becoming aware of any breach of personal information or if your access credentials have been compromised, to enable us to take the necessary steps towards ensuring the security of your personal information or account.
UPDATES TO THIS POLICY
Last updated 22nd June 2022.
This information security policy defines the framework within which information security will be managed across Klasha Technologies Limited and demonstrates management commitment and support for information security throughout Klasha. This policy is the primary policy from which all information security-related policies emanate.
This policy applies to all Klasha personnel, contractors, vendors, and other parties and covers all information entrusted to or owned by Klasha and stored, processed, or transmitted on the organisation’s information systems and operated by the organisation.
Klasha Technologies Limited is committed to the security of its information assets and shall implement measures through the establishment, implementation, maintenance, and continual improvement of an information security program to protect against breaches of confidentiality, failures of integrity, or interruptions to the availability of its information assets.
Users of Klasha’s information and information assets shall comply with this policy and
exercise a duty of care concerning the operation and use of Klasha’s information and information systems.
Klasha Technologies Limited shall comply with all applicable legal, regulatory, and contractual requirements related to information security in her services and operations.
Our fraud protection and security promise
At Klasha, we’re committed to both our merchant’s and customer’s security while using our products.
We monitor transactions 24/7 at Klasha. So, you can rest easy knowing that even if you let your guard down, we won’t.
Merchant fraud prevention
Should your team notice anything suspicious, contact us immediately, and we will work to help you prevent potentially fraudulent transactions online.
Safety and security guaranteed
At Klasha, we take security seriously. Every payment made on our platform is 100% secure end-to-end, exceeding the industry standard.
If a merchant is repeatedly found to charge you and other users fraudulently, we will ensure that they are unable to continue transacting through Klasha’s technology and will report them to the appropriate authorities.
Updated: October 2021.
Klasha’s modern slavery statement
This statement applies to Klasha, Inc. and Klasha Technologies Limited and its subsidiaries (together, “Klasha”). At Klasha, we take our responsibility seriously to ensure that our business is conducted ethically and that we actively address important social issues.
As part of this process, we recognise the harmful impact that Modern Slavery and Human Trafficking have on individuals and society, and we are committed to helping prevent these illegal practices. We also expect the same high standards from all of our contractors and other business partners.
Klasha is a technology company in partnership with licensed payment service providers, offering commerce payment solutions across Africa. We make it easy for merchants to accept credit and debit card payments online from users or customers.
Supply chain and partner’s due diligence
Klasha has adopted a risk-based approach in reviewing its supply chain whilst ensuring that this approach complies with legal requirements. Due to the technological nature of the services provided by Klasha, its supply chains are relatively straightforward.
In addition, as part of our initiative to identify and manage slavery and human trafficking risk, we continue to build and improve our system to better (i) identify, assess and monitor potential higher risk areas in our supply chains; and (ii) mitigate the risk of slavery and human trafficking occurring in our supply chains through enhanced contract terms controls (to the extent appropriate and obtainable).
This sets out our position concerning human rights and modern slavery and sits alongside our Employment Manual, Health and Safety Policy, Global Human Rights Statement, and the Global Third Party Code of Conduct.
i) Child labour: Klasha will not use child labour and will comply with all relevant laws in this regard. We do, however, support legitimate workplace internships and other similar programs that comply with applicable laws and regulations.
ii) Modern slavery: Klasha will not use forced, bonded, or involuntary labour and workers are not required to lodge ‘deposits’ or identity paper with the Company and can leave after giving reasonable notice, with all wages owed to be paid. We have a zero-tolerance approach to human trafficking.
iii) Health, safety and hygiene: All Klasha employees will work in an environment that is both safe and healthy.
iv) Discipline: Klasha prohibits physical abuse or discipline, the threat of physical abuse, sexual or other harassment, and verbal abuse or other forms of intimidation. Disciplinary and grievance procedures are clearly documented and communicated to all employees in our Employment contract. All disciplinary measures of a serious nature are recorded and acted upon swiftly in line with our Employee Handbook and relevant laws.
v) Working hours: Klasha will ensure that working hours are reasonable and comply with the law and industry standards.
vi) Equality of treatment: Klasha is fully committed to eliminating discrimination in recruitments, training, and working conditions on the grounds of race, colour, sex, age, religion, political opinion, national extraction, sexual orientation, disability or social origin and to promoting equality of opportunity and treatment.
vii) Employment terms: Klasha will provide a written and clear contract which details the terms and conditions of its staff employment. We will ensure that work performed by employees is on the basis of recognised employment law and practice.
viii) Renumeration: Klasha will, at a minimum set by the law, provide wages and benefits that meet national standards. We will provide employees with clear written information on their pay and conditions. We are committed to equal pay and benefits for men and women for work of equal value.
Klasha Board of directors and senior management shall have overall responsibility for implementing the MSA Policy and the objectives considered in this statement. We will monitor the progress of our efforts, and issues (should they arise) will be considered by Klasha’s Board of Directors who will decide on the immediate and appropriate action to be taken.
We continue to monitor our performance against the following in order to gauge how effective we are in dealing with the risk of slavery and human trafficking in our business or suppliers/partners:
i) Implementation of the Modern Slavery Policy.
ii) Developing a system for supply chain identification, including, where appropriate, adding slavery and human trafficking inquiries and controls to our procurement policies.
iii) Where appropriate, ask specific questions on modern slavery in our terms with third parties for the supply of goods and services.
The statement was approved by the Board of Directors of Klasha, Inc. and Klasha Technologies Limited.
Klasha merchant service agreement
This online platform (Platform), including any updates, modifications, or releases of any part of that Platform is operated by Klasha Technologies Limited (UK) (“Klasha,” “us,” or “we”). The Platform is available at www.klasha.com (Site) and may be available through other addresses or channels. Klasha is a licensed technology company that works in partnership with licensed payment service providers, offering commerce payment solutions across Africa. We make it easy for merchants to accept credit and debit card payments online from users or customers.
The Klasha Business Account consolidates products including; KlashaWire, KlashaCheckout and, Payment Links on a single platform. KlashaWire is a B2B payments solution that allows businesses in Africa to pay suppliers overseas using local African currencies while their supplier then receives an equivalent payout amount in their currency of choice. KlashaCheckout is a payment gateway solution, enabling the processing, reconciling, and reporting of payment transactions and related operations that enable merchants/retailers to sell goods on the African continent and seamlessly receive payments online in local currencies. Payment Links is a secure solution that allows businesses with no website to request payments by creating and sharing a link, and the Klasha Business Dashboard is a web application that enables merchants/retailers to see transaction details, all collectively referred to as the Services.
This Merchant Service Agreement (“Agreement”)
1) is a legal agreement between Klasha and the entity or person (“you,” “your,” or “the Merchant”) by your access to and use of the Services;
2) provides a general description of the Services that we provide to you, including those that allow you to accept payments from purchasers of your goods or services or donors to your organisation (your Customers). We provide you with a more detailed description of the Services through published software libraries and application programming interfaces that may be used to access the Services (the “API”) and additional resources we make available to you on the Site;
3) sets out the terms and conditions upon which we agree to grant you a right to use the Platform, as described and provide any other services to you as set out in this Agreement; and
4) is binding on you from the date on which you sign up for an account on the Site (Account) or use any of our websites and/or services (Effective Date) until the date on which your Account is terminated in accordance with this Agreement (Term).
A. By creating an account and/or accessing and/or using the Services, you:
(2) warrant to us that you are over 18 years of age and have the legal capacity to enter into a legally binding agreement;
(3) warrant to us that you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to this Agreement on behalf of any entity for whom you use the Services;
(4) warrant that you have obtained the necessary consent required by law from Customers for Klasha to process payments and access their information;
(5) warrant to us that you have all hardware, software, and services that are necessary to access and use the Services;
(6) agree to use the Services in accordance with this Agreement;
(7) agree to the use of third parties related to Klasha and service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, and our business partners) (Approved Third Parties); and
(8) Understand that we are an independent service provider for all purposes, providing the Site and Services on an independent service provider basis. We do not endorse, have control, or assume 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 Customer will complete a transaction.
YOUR KLASHA BUSINESS ACCOUNT
B. To register for an Account, you or the person or people submitting the application (your Representative) must provide us with your business or trade name, physical address, email, phone number, tax identification number (if applicable to you), website link, the nature of your business or activities, financial information, such as bank account details, debit card information, and certain other information about you that we may require. We may also collect personal information (including name, birthdate, and government-issued identification number) about your beneficial owners, principals, and your Klasha Account administrator. We reserve the right to request additional information from you, including Customer information, as may be required by us or our Approved Third Parties in order to provide the Services. Your provision of the requested information may become a condition for your continued use of the Service and the maintenance of your Account.
C. When you create an Account, we will give you certain account details (such as a username[s] and password[s]). You agree that we may alter or update these details at any time during the Term. It is your responsibility to keep your Account details confidential, and we will not be responsible for any loss and/or damage caused by shared account details. You are liable for all content posted by you and all activity on your Account, including purchases made using your Account details and content posted by your Account. You must immediately notify us of any unauthorised use of your Account. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Klasha’s services (including, without limitation, using PIN and/or password-protected personally configured device functionality to access the Services and not sharing your device with other people).
D. Until you have submitted, and we have reviewed and approved, all required information, your Account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason.
LICENCE AND RESTRICTIONS
A. In consideration for payment of the fees at Clause (V) below and subject to the terms and conditions of this Agreement, Klasha hereby grants Merchant a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, and revocable licence to access and use the Platform for Services during the Term.
B. As part of this licence, Klasha shall provide the Merchant with access to a secure reporting portal or transaction dashboard to view logs of transactions processed on a real-time basis and to resolve any chargeback disputes.
C. Merchant acknowledges and agrees that
(1) we reserve the right at any time and from time to time to (i) refuse any request in relation to the Platform that we deem inappropriate, unreasonable, or illegal; and/or (ii) modify or discontinue, temporarily or permanently, access to the Platform (or any part thereof) with notice; (iii) prohibit certain services in line with Schedule 1 of this Agreement (Restricted Business). We may add to or update the Restricted Business Schedule at any time, and (iii) change or remove features of the Platform provided that, where there is any material alteration to the Platform, we will provide you with prior notice in writing.
(2) it must not (and must ensure the authorised team members do not) access or use the Services except as permitted by information on the Site and this Agreement.
(3) Re-sell, assign, transfer, distribute, or provide others with access to the Platform or your Account.
(4) use the Platform and Services in any way that breaches of any applicable local, state, federal, and international laws and regulations (Laws) or which infringes any person's rights.
(5) it has ensured that its Customers, to the extent required, are aware and consent to Klasha’s and/or its Approved Third Parties’ receipt of proceeds as part of their agreement to make payments to you.
(6) it must, throughout the Term, comply with all applicable Card Network (MasterCard, Visa, Verve, and other payment cards) rules and regulations.
(7) It must, throughout the Term, comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (PCI DSS Requirements).
(8) Upon Klasha’s request, you must provide Customer information to Klasha in a form satisfactory to us.
(9) introduce malicious programs into our hardware, software, and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses, and email bombs.
(10) use the Platform or Services to make fraudulent offers or fraudulent purchases of goods or services.
(11) use the Platform or Services to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes).
(12) use the Platform or Service to circumvent user authentication or security of any of your networks, accounts, or hosts or those of your customers or suppliers.
A. Merchant is solely responsible for verifying the identities of its Customers in line with applicable laws, regulations, and industry best practices. Merchants must ensure, using their best efforts, that Customers are authorised to carry out the transactions and must determine their eligibility to purchase products and services via the Platform.
B. Merchants are also required to maintain proof of service or product delivery to their customer for a period of five (5) years from the provision of the product or service. Klasha reserves the right to be provided with such proof should it reasonably require this for its business purposes or to settle a dispute.
C. Klasha will only process transactions that the applicable Card Network or card issuer has authorised. To enable us to process transactions for you, you authorise and direct us, our Approved Third Parties, the Card Networks, and issuing banks to receive, hold and settle any payment processing proceeds owed to you through the Platform.
D. Klasha is not responsible for or liable to you for authorised and completed charges that are later the subject of a dispute, refund, or reversal, are submitted without authorisation or in error, or violate any Laws. You are immediately responsible to us for all disputes, refunds, reversals, returns, or fines, regardless of the reason or timing. We may decline to act upon a refund instruction, or delay execution of the instruction, if: (i) it would cause your Account balance to become negative; (ii) you are the subject of Insolvency Proceedings; or (iii) where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the charge that is the subject of the refund instruction).
E. You are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase your products or services. Klasha will not insure you against losses caused by fraud under any circumstances.
F. A reversal for a charge may be issued if the charge is made without the Merchant’s authorization or in connection with a restricted business, violates the applicable card network, or for other applicable reasons. If a reversal is issued, we will provide you with a notice and a description of the cause of the reversal.
G. We do not guarantee or assume any liability for transactions authorised and completed that are later reversed or charged back (see Chargebacks below). You are solely responsible for all reversed or charged-back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Klasha may add or remove one or more payment types or networks at any time. If we do so, we will use reasonable efforts to give you prior notice of the removal.
FEES, PRICING SCHEDULE, AND PAYMENTS
A. Klasha will provide the Services to you at the rates and for the fees (“Fees”) described below:
KlashaWire 2.75% - 2.16% of the total order value (minus shipping and handling fees) depending on the USD equivalent transaction value being processed through the KlashaWire for naira, Kenyan shilling, Uganda shilling, Tanzania shilling, South African rands, Zambia kwacha currencies transaction. See the table below:
Transaction size - Transaction rate
1,000 USD - 2.75%
5,000 USD - 2.27%
10,000 USD - 2.21%
20,000 USD - 2.18%
50,000 USD - 2.16%
KlashaCheckout & Payment Links: 2.9% of the total order value (minus shipping and handling fees) processed through the KlashaCheckout or Klasha Payment link for naira, Kenyan shilling, South African rand, Tanzania shilling, Zambia kwacha currencies transaction.
B. Klasha reserves the right to increase Fees for its Services upon 90 days written notice of such increases to Fees.
C. You must pay, or ensure that Klasha is able to collect, Fees and other amounts you owe under this Agreement when due. Klasha may deduct, recoup, or set off Fees and other amounts you owe under this Agreement, from your Account balance, or invoice you for those amounts.
A. Klasha Technologies Limited (Nigeria) has been appointed to be the collection partner in Nigeria. Klasha will send to your designated bank or card settlement account (Bank Account) all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds, or other amounts that you owe to Klasha under this Agreement (Pay-out). If the Pay-out is insufficient to cover the amounts due, you agree that we may debit your Bank Account for the applicable amounts and/or set off the applicable amounts against future Pay-outs.
B. After the transfer of funds is initiated to your Bank Account, we will update the information on your Klasha Business Dashboard to reflect the settlement. Information regarding your transactions that are processed and settled using Klasha (Transaction History) will be available to you when you log in to your Klasha Business Dashboard. While we will provide Transaction History in your Klasha Business Dashboard, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Account as may be required for your business. Klasha is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations.
A. Your Pay-out Schedule is the time it takes us to initiate a transfer to your Bank Account. Settled funds from card transactions processed through us are on your Klasha Business Dashboard. We reserve the right to change your Pay-out Schedule, suspend payouts to your Bank Account, or initiate a Reversal should we deem it necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds, or other suspicious activity associated with your use of Klasha, or if required by law or court order.
B. Klasha guarantees that you will always be entitled to a timely pay-out or a timely refund if the pay-out does not happen within our promised Pay-out Schedule, provided your use of our Service adheres to the terms of this Agreement.
C. Without prejudice to the Pay-out Schedule stated on your Klasha Business Dashboard (1-5 business days), actual pay-outs may be delayed due to exceptional circumstances, such as your account being flagged by our Approved Third Parties or the need for additional information by us or our Approved Third Parties to be able to handle the processing and settlement of the pay-outs. In the event of such delays, we will inform you of the delay and the reason for the said delay.
D. You are not entitled to any interest or other compensation associated with the settlement funds held by Klasha pending settlement and Pay-out to your Bank Account.
E. Settlement funds will be held in a deposit account at Klasha pending Pay-outs to you in accordance with the terms of this contract. We may periodically make available to you information about pending settlements yet to be received from Card Networks
PAYMENT PROTECTION PROMISE
A. Where your receiving bank does not receive the payment within the period promised, Klasha will refund the full amount to you or make a direct transfer to your receiving bank. This refund is, however, subject to the condition that we have confirmed that your monies have been received into our system and that the delay in the pay-out is not a result of a Security Control measure or an action or inaction on your part. Furthermore, in this scenario, you waive your rights to a reversal, and in the event the funds are reversed to you, you undertake to immediately repay the funds to us, using the details we provide you.
B. Klasha will make such payments to you when you cancel the transaction within 6 hours after making payments. The payment will be credited to your Account within 2 business days after the receipt and approval of your claim.
SECURITY AND FRAUD CONTROLS
A. You are responsible for assessing the security requirements of your business and selecting and implementing security procedures and controls (Security Controls) appropriate to mitigate your exposure to security incidents. We provide Security Controls as part of the Services as detailed on the Site. We may also suggest that you implement specific Security Controls. However, your responsibility for securing your business is not diminished by any Security Controls that we provide or suggest, and if you believe that the Security Controls we provide are insufficient, then you must separately implement additional controls that meet your requirements.
B. While we may provide or suggest security controls, we cannot guarantee that you or your Customers will never become victims of fraud. Any security controls we provide or suggest may include processes or applications developed by Klasha or approved third parties. You agree to review all the security controls we suggest and choose those that are appropriate for your business to protect against unauthorised transactions and, if appropriate for your business, independently implement other security procedures and controls not provided by us. If you disable or fail to properly use security controls, you will increase the likelihood of unauthorised transactions, disputes, fraud, losses, and other similar occurrences. Keep in mind that you are solely responsible for losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent Transactions with you, and your failure to implement Security Controls will only increase the risk of fraud. We may assist you with recovering lost funds, but you are solely responsible for losses due to lost or stolen credentials or accounts, compromise of your username or password, changes to your Pay-out account, and any other unauthorised use or modification of your Account. Klasha is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorised use or modification of your Account unless such losses result from Klasha’s wilful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.
C. We may also provide you with data regarding the possibility or likelihood that a transaction may be fraudulent. We may incorporate any subsequent action or inaction by you into our fraud model, for the purpose of identifying future potential fraud. You understand that we provide this data to you for your consideration but that you are ultimately responsible for any actions you choose to take or not take in relation to such data.
NOTIFICATION OF ERRORS
A. You must notify us immediately if any error is detected while reconciling transactions that have occurred using Klasha. 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.
B. 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.
C. 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.
A. A Chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their bill. It may result in the reversal of a transaction. You may be assessed chargebacks for (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines, and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your bank account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means.
A. In our sole discretion, we may place a Reserve on a portion of your Pay-outs by holding for a certain period, such as a portion where we believe there is a high level of risk associated with your business. If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Pay-outs to be held back, the period of time, and any other such restrictions that Klasha may deem necessary. Where such terms are changed, we will notify you. You agree that you will remain liable for all obligations related to your transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks, and other adjustments.
B. To secure your performance of this Agreement, you grant Klasha a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.
A. We may, without notice, set off any debts or liabilities due from you to us under this Agreement against any debts or liabilities owed by us to you, regardless of the place of payment or currency of either obligation. If the obligations are in different currencies, we may convert either obligation at a market rate of exchange in its usual business course for the set-off.
B. We are also entitled to defer any settlement or any other sum due to you to the extent that we consider necessary or appropriate to protect our ability to recover the Fees and/or the sums or any other of your liabilities (actual or anticipated, including Chargebacks) in connection with this Agreement.
C. Suppose we reasonably suspect that a transaction may be fraudulent or involve other criminal activity. In that case, we may suspend the processing of that transaction and any connected transaction or withhold settlement until the satisfactory completion of any investigation. The Merchant shall not be entitled to any interest or other compensation whatsoever in respect of suspension or delay in receiving Payment.
D. The exercise by Klasha of any of its rights under this clause shall be without prejudice to any other rights or remedies (including but not limited to set-off) to which Klasha is otherwise entitled (by operation of law, contract, or otherwise).
A. You are solely responsible for accepting and processing your products and services returns. We are under no obligation to process returns of your products and services or to respond to your customers’ inquiries about returns of your products and services. You agree to submit all Refunds for returns of your products and services paid for through Klasha to your customers per this Agreement and relevant Card Network Rules.
A. Klasha and its licensors exclusively own all rights, titles, and interests in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the API, Services, Dashboard, and Documentation (collectively, “Klasha IP”) or any copies thereof. Klasha IP is protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in Klasha IP not expressly granted to you in this Agreement are reserved.
B. Klasha grants you a limited, nonexclusive, and non-transferable licence to electronically access and use the Klasha IP only in the manner described in this Agreement. You must not
(1) copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance Klasha IP;
(2) “frame,” “mirror,” or serve any Klasha IP on any web server or other computer server over the Internet or any other network;
(3) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Klasha IP to any third party;
(4) claim or register ownership of Klasha IP on your behalf or on behalf of others;
(5) sublicense any rights in Klasha IP granted by us;
(6) use Klasha IP in a manner that violates this Agreement or Laws; or
(7) attempt to do any of the foregoing.
C. In consideration of your access to Klasha IP, (i) you may notify us of any problems, bugs, usability or performance, or other issues you discover with respect to the Services and/or Klasha IP; and (ii) you may share with us suggestions, improvements, ideas for enhancements or other feedback regarding the Services and/or Klasha IP (together, (i) and (ii) are “Feedback”). All such Feedback shall be owned exclusively by Klasha, and you hereby assign and agree to assign to Klasha all rights, titles, and interests in and to such Feedback and all Intellectual Property Rights therein.
A. During the term of this Agreement, you may publicly identify us as the provider of the Services to you and, upon prior written approval of the promotional material, use the Klasha logo for such public disclosures.
B. You hereby grant Klasha permission 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 of your products and services.
A. You may terminate this Agreement by closing your Klasha Account.
B. We may suspend your Account and your access to Klasha services and any funds or terminate this Agreement for any reason. You must ensure that all your data on the Platform is backed up so that you do not lose your data if we suspend or terminate your Account. We will generally alert you when we take such action and give you a reasonable opportunity to remedy any breach of this Agreement, but if we determine that your actions endanger the operation of the Services or other users or if we or an approved third party detects fraudulent activity, we may suspend or terminate your account immediately without notice.
A. We are responsible for the security and protection of the Cardholder Data (CHD) we collect and store. Accordingly, we implement access control measures, security protocols, and standards, including the use of encryption and firewall technologies to ensure that CHD is kept safe and secure on our servers, in compliance with the PCI DSS Requirement. We also implement periodic security updates to ensure that our security infrastructures comply with reasonable industry standards.
B. You own all your customers’ data, and you shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of your customer’s data and how Klasha acquires it.
(1) providing and improving services;
(2) internal usage, including, but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data;
(3) complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and
(4) any other purpose for which your customer has provided consent.
A. The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party.
B. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.
C. 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.
A. WE TRY TO KEEP KLASHA AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE; HOWEVER, YOU USE IT AT YOUR OWN RISK.
B. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KLASHA MAKES NO WARRANTY THAT (1) OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THAT SERVICES OR OUR WEBSITE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA; (4) SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KLASHA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM KLASHA, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "KLASHA PARTIES") SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
A. IN NO EVENT WILL ANY OF THE KLASHA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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 LESS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH KLASHA’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE OR THE RESULTS OF USE OF KLASHA’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
A. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Klasha Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Klasha party's liability shall be the minimum permitted under such applicable law.
Each party (that is you and us) hereby agrees to indemnify and hold the other party, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees, resulting from the violation of its obligations under this Agreement.
A. Klasha will defend, indemnify and hold Merchant harmless from and against claims, suits, actions, or proceedings brought by a third party (“Claim”) that Merchant’s use of the Services in compliance with this Agreement infringes patent or copyright or misappropriate any trade secret, of any third party. Merchant will defend, indemnify, and hold Klasha and its directors, officers, employees, suppliers, consultants, contractors, and agents harmless from and against any and all claims arising out of or relating to (i) Klasha’s authorised use of the merchant’s customer data in connection with the Services (ii) Merchants breach of section III (C) (iii) Merchant’s breach of obligations in section XVIII.
B. Procedures: With respect to indemnity obligations arising pursuant to this section, the indemnified party (the “Indemnified Party”) shall promptly notify the indemnifying party (the “Indemnifying Party”) when it becomes aware of any claim eligible for indemnification by the Indemnifying Party, provided that any delay in providing such notice shall not relieve the Indemnifying Party of its indemnity obligations under this Agreement unless, and only to the extent, the Indemnifying Party was prejudiced by the delay. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in the defence of such claim at the Indemnifying Party’s expense. The Indemnifying Party shall have the right to control the defence and all negotiations relative to the settlement of any such claim, including without limitation selection of counsel, and provided further that no settlement imposing any affirmative or negative obligations on the part of the Indemnified Party, including any settlement that includes admission of liability or wrongdoing by the Indemnified Party, may be made without the express written consent of the Indemnified Party.
UPDATES, MODIFICATIONS & AMENDMENTS
A. We may need to update, modify, or amend this Agreement as our technology evolves. We reserve the right to make changes to these terms at any time by giving notice to users on the site.
B. We advise that you check this page often, referring to the date of the last modification on the page. If you have any objection to any of the changes to this Agreement, you must cease using our website and/or services immediately.
GOVERNING LAW AND DISPUTE RESOLUTION
A. These Agreements shall be interpreted and governed by the laws currently in force in the United Kingdom.
B. Parties are obligated to attempt amicable settlement of disputes in good faith. Any dispute arising out of this Agreement that cannot be settled by mutual agreement/negotiation within 1 (one) month shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
C. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English. The governing law of this arbitration agreement shall be the substantive law of England and Wales.
A. Notices: You agree that all agreements, notices, disclosures, and other communications we provide to you electronically to the details set out in your account satisfy any legal requirement that such communications be in writing.
B. MoR: Klasha Technologies Limited (UK) is a company duly incorporated in the United Kingdom. Klasha Technologies Limited (UK) has appointed Klasha Technologies Limited (Nigeria) to be its Merchant on Record (“MoR”) for naira transactions. Klasha Technologies Limited (Nigeria) accepts to be the MoR and is hereby the entity that provides services to merchants.
C. Non-assignment: Assigning or sub-contracting any of your rights or obligations under this Agreement is prohibited. We reserve the right to transfer, assign, or subcontract the benefit of the whole or part of any rights or obligations under these Terms of Service to any third party.
D. Severability: If any court or tribunal holds any portion of this Agreement to be invalid or unenforceable, either in whole or in part, then that part shall be severed from the rest and shall not affect the validity or enforceability of any other part of this Agreement.
E. Mutually Negotiated. The terms of this Agreement (including any perceived ambiguity herein) shall not be construed in favour of, or against, either Party by reason of the extent to which either Party or its professional advisors participated in the preparation of the original or any further drafts of this Agreement.
F. Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior correspondence, discussions, agreements, and understandings entered into between the Parties, whether written or oral, with respect to such subject matter.
G. Survival. Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement shall survive termination or expiration of this Agreement and continue in full force.
Prohibited and Requiring Pre-Approval Sub-Merchant Types
Sub-merchants Requiring Pre-Approval
Klasha shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses or (ii) engaging in any of the following activities unless the Klasha is entering into a broad-based program with a recognized referral, technology, or marketplace partner that specialises in these types of activities or businesses and such program is pre-approved by Klasha in its sole discretion:
- Age-restricted products or services.
- Any Sub-merchant where the anticipated % of International Card Sales is expected to be greater than 20% of total sales.
- Bail bond services or Bankruptcy Lawyers.
- Crowd Sourced Fundraising, as defined by Klasha from time to time, except, however, Crowd Sourced Fundraising shall not be allowed for the purchase of stock or equity, a promise made to deliver a good or service in the future, or there is no consideration in return for the payment or donation.
- Dating services.
- NGO / Charities.
- Money transfers, wire transfers, money orders, transmitters, and check cashing, including merchants, unless registered and licensed as a Money Service Business or Money Transfer Operator.
- Payment facilitators (unless registered and licensed)
- Personal enhancement products and/or Nutraceuticals.
Klasha shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses or (ii) engaging in any of the following activities as may be updated by Klasha in its sole discretion from time to time as they are Prohibited by Klasha and/or the Card Brand rules:
- Any product, service, or activity that is deceptive, unfair, predatory, or prohibited by one or more card brands.
- Any Merchant selling goods or services that represent a violation of any law, statute, or regulation.
- Any Merchant selling products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark, or trade secrets of any third party, such as many cyberlockers.
- Any Merchant accepting a card as payment for a dishonoured check or for an item deemed uncollectible by another merchant.
- Any Merchant that accepts a card at a scrip-dispensing terminal.
- Adult entertainment and/or adult content websites, including Electronic Commerce adult content (videotext) merchants, would include MCCs 5967, 7273, and 7841.
- Brand or reputational damaging, potential or otherwise, activities including child pornography, escort services, mail-order brides, and the occult.
- Digital wallet, cryptocurrency, or prepaid companies.
- Drug paraphernalia.
- Firearms and weapons, including ammunition.
- Internet/Mail order pharmacies.
- Investment or “get rich quick” merchants, businesses, or programs.
- Marijuana dispensaries and related products or services.
- Multi-Level Marketing Businesses.
- “Negative option” marketing, renewal, or continuity subscription practices; marketing activities involving low-dollar trails, “pay only for shipping,” and/or “free trial” periods after which a credit card is charged periodically and/or a significantly larger amount.
- Pawn shops.
- Pseudo pharmaceuticals.
- Psychics and “occult” businesses.
- Quasi-cash or stored value.
- Substances designed to mimic illegal drugs.
- Transacting virtual currency or credits that can be monetized, re-sold, or converted to physical or digital goods or services or otherwise exit the virtual world.
If you negotiate this Merchant Services Agreement (MSA) before or after accepting the terms of this Agreement, the negotiated and executed Agreement will take precedence over this Agreement.
KlashaCart terms of service
By signing up for an account on any of our websites and/or services, you acknowledge that you have read, understood, have authority to, and agree to be bound by this Agreement. If you are an individual, you confirm that you are eighteen (18) years of age or older.
Description of services
Klasha shall provide technology solutions to support your shopping in select stores in the United Kingdom, United States of America, and United Arab Emirates through the Klasha mobile app and have it delivered to a personalised physical address (“Shop and Ship Location”) in the respective country where it will be sorted, packaged, and shipped to a delivery address in Nigeria by an independent third-party carrier (“Carrier”) for an agreed amount.
These Terms of Service shall constitute the complete agreement of the parties concerning the subject matter and supersedes any. All prior or contemporaneous discussions, statements, understandings, representations, or agreements, written or oral, regarding the subject matter. No amendment to or modification of this Agreement will be binding on Klasha without Klasha’s written consent.
You agree that the pricing for the shipping and delivery of items is calculated by Klasha and contractually agreed to based on the information provided by you. The agreed prices do not contain government fees, customs duties, tax, or any duties.
1. You are solely responsible for the accuracy of the shipping address. You agree and accept that Klasha has no obligation to verify any shipping addresses provided by you.
2. Klasha will only ship packages that have the same name and delivery address as the individual or entity stated on the mobile app. Where packages at the Shop and Ship location have different labelling that does not match the account name or delivery address on the Account, then the shipment will be deemed an unknown shipment. Klasha reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, or auctioned. You are solely responsible for any applicable fees due to the incomplete or inaccurate address.
Receipt and delivery
1. You are solely responsible for providing and confirming the correct Shop & Ship Location, including the shipping address, and you understand that any incorrect information may result in non-delivery or delayed delivery of items or incurring additional fees under this clause 5 for which you will be held accountable.
2. Any Shipment that is unable to be delivered to your delivery address (for reasons including, without limitations, your failure to pay, take delivery, give proper instructions, including failure to address the package, your inability to confirm your shipment is acceptable for entry into the destination country, failure to use correct Shop & Ship Location, failure to update your Delivery Address, or you are unable to be contacted after reasonable attempts to do so) will be deemed an uncollected shipment or unclaimed shipment, and the Klasha reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, or auctioned.
3. Klasha may discard, destroy, or auction your shipment within twenty (20) days after receipt of unknown shipments or thirty (30) days after receipt of unclaimed shipments.
Postage or payment outstanding
Klasha shall not accept on your behalf any items on which postage is outstanding and payable or Cash on Delivery items.
1. You are aware and agree that Klasha provides a technology platform connecting you with Carriers who are responsible for the actual shipping of your packages. Klasha is not a carrier and does not itself ship or arrange for door-to-door delivery of your packages, nor do its Services include any shipping services.
2. Where you inform Klasha of any complaints with respect to lost or damaged packages, Klasha shall notify the Carrier of your claims. Klasha shall not be responsible for any loss or damage caused by a Carrier.
3. Klasha will use its best efforts to facilitate the Carrier’s agreement with the following terms:
(a) That the Carrier has the necessary approvals, licenses, and insurance to provide shipping services.
(b) That the Carrier will comply with all federal, state, provincial, and local laws, regulations including safety regulations.
(c) That the Carrier will maintain insurance as required by law.
Delays or non-delivery
Klasha shall not be liable or responsible for any delays in international shipments and delivery of packages and is, without limitation, not responsible or liable for non-delivery or late delivery of packages caused by Carriers.
Klasha, without liability, reserves the right to open and inspect all items delivered to the Shop & Ship Location to determine the ownership of the Goods, nature, or condition of the Goods, or destination. All packages that have been accepted for shipping and delivery will be opened for controlled inspection. Certain items such as food items, furniture, and other goods imported may attract additional government levies. Importation of items containing lithium batteries, for instance, will attract additional charges as they need to be handled as dangerous goods.
Packages shipped and delivered to Nigeria cannot be returned except where the goods delivered are damaged/faulty or the incorrect item was shipped to Nigeria due to an error by the Carrier.
Klasha reserves the right to abandon carriage of any Shipment at any time after acceptance when such Shipment could possibly cause damage or delay to other shipments or when any such carriage is prohibited by law or is in violation of any of these Terms and Conditions.
User representations and undertakings
No illegal use.
1. You undertake not to use the Service and/or the Account for any illegal, immoral, obscene, or fraudulent purposes or for any other purposes prohibited by Klasha, by the respective Shop & Ship Location, or any other applicable regulations.
2. You further undertake that any use of the Service and/or Account shall be in compliance with all applicable federal, state, and/or local laws of the respective Shop & Ship Location, as well as other applicable international law, including laws related to the transportation and export of commercial matter, which may include without limitation laws related to banking, money laundering, trade sanctions, and terrorist activities. Any shipment received in violation of this clause may result in the forfeiture, return to sender, or destruction of shipment, along with notification to the police and/or appropriate government authority.
You represent that your shipments do not relate to any restricted business, including but not limited to pornography, armaments, or any other restricted activities. You further represent that the goods being shipped are not destined for any country which Klasha is prohibited from dealing as the result of any international or respective Shop & Ship Location law, legislation, regulation, directive, ordinance, treaty, etc.
You represent that your name is not included in any blacklist issued by any respective Shop & Ship Location, government, or other worldwide regulatory body.
Export declaration and other documentation
a. You are required to provide Klasha with an Export Declaration for all packages of value exceeding Two Thousand and Five Hundred United States Dollars (USD 2,500) or equivalent prior to shipment to your Delivery Address.
b. You shall provide Klasha with invoices and/or other documentation related to the packages regardless of value at any time as requested by Klasha or by Customs or any other Government Authority.
c. You shall provide Klasha with identification documentation and personal information upon request by Klasha or any official authority at its sole discretion.
You agree that Klasha may terminate these Terms and Conditions at any time and without notice:
1. Upon suspicion of any of the activities stated in clauses 12-15 above, and shall not be liable to compensate you for such termination.
2. Upon your violation of these Terms and Conditions or any provision of any related operating rules or policies published by Klasha on its website.
Assignment and non-waiver
You may not assign your rights under these Terms of Service. Failure or delay by Klasha to exercise any right, remedy, power, or privilege hereunder shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of default shall not operate as a waiver of any other default or the same type of default on a future occasion.
Disclaimer of warranties
Klasha services and all information, products (including software), and other services included on or otherwise made available to you through Klasha are provided by Klasha on an “as is” and “as available” basis unless otherwise specified in writing. Klasha makes no representations or warranties of any kind, express or implied, as to the operation of Klasha services or the information, content, materials, products (including software), or other services included on or otherwise made available to you through Klasha services unless otherwise specified in writing. You expressly agree that your use of Klasha services is at your sole risk.
You hereby indemnify Klasha and undertake to keep Klasha indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation to reasonable legal fees) 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.
Klasha owns the Intellectual Property rights and materials on the mobile app and website. We do not grant you any right, license, interest, or title to any of our Intellectual Property rights that you may or may not have access to. You agree to bring any improper or wrongful use of Klasha’s patents, trademarks, emblems, designs, models, or other similar industrial or commercial rights which come to your notice to the attention of Klasha.
Limitation of liability
Klasha will not be liable for any shipping-related refunds or compensation. Klasha’s liability shall be limited to whichever is lesser between the value of the goods when the goods were picked up by the Carrier or £12/equivalent per shipment. Klasha’s liability is strictly limited to direct loss and damage to physical items only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, and future business). Any claims for loss or damage must be notified in writing to Klasha within five (5) days of delivery of the items or the date upon which items should have been delivered. Klasha shall be discharged from all liability whatsoever in connection with the Services and/or items unless court proceedings are served within 90 days from the delivery of the items(or from when they should have been delivered).
Klasha guarantees that the personal data arising in connection with the shipping and delivery service will only be collected, processed, stored, and used in connection with the contractual relationship. Klasha is entitled to transfer this information to partners that will carry out delivery insofar as this is necessary to fulfil the rights and obligations arising from the contractual relationship. Klasha guarantees that the valid data protection regulations are complied with.
The laws of the Federal Republic of Nigeria shall apply to any disputes that arise from and in connection with the contract, to the exclusion of any conflict of laws. You agree that any disputes arising out of or in connection therewith may be brought in the Courts of the Federal Republic of Nigeria.
Change of terms and conditions
The terms and conditions stated herein are not exhaustive. Klasha may add or update these terms and conditions from time to time entirely at its own discretion. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time, as Klasha shall not be liable to compensate you for your failure to do so. Klasha will notify you of any suspension of service, changes regarding the operation of KlashaCargo, and applicable fees or charges payable by you.
Last updated: May 2022.
If you have any questions about these terms, please contact us at firstname.lastname@example.org.