Updated (September 27, 2020)
1. Definitions in this Agreement
The words "you" and "your" refer to the person who downloads the Application and uses the Service. The words "Pay4me App", "we" and "us" and "our" refer to Across The Horizon Technologies Limited. The word "Beneficiary" means the person to whom you send money.
2.1 You may use the Application only to send a Remittance to a Beneficiary located in a country where Pay4me App provides payment service, as designated on the Application from time to time. Pay4me App and Pay4me App-designated service providers will process the remittance and make funds available for receipt by the Beneficiary as described below.
2.2 Your use of the Application or the Service does not constitute or create a fiduciary or escrow capacity between you and Pay4me App. Pay4me App provides a remittance service only; the funds that you direct Pay4me App to pay to your Beneficiary are not held by Pay4me App as a deposit or in escrow, and Pay4me App is not holding or processing your Remittance as a fiduciary. Pay4me App's only obligation is to pay your Remittance to your Beneficiary or to return the principal amount of the Remittance to you.
2.3 The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or your Beneficiary. Periods of unavailability may be caused by Pay4me App's acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Pay4me App's control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Pay4me App may from time to time set limits on the value of Remittances you may send (both individually and over some time), as well as the value of Remittances any Beneficiary may receive. Pay4me App may delay payment of your Remittance to allow Pay4me App to determine that your Remittance complies with applicable law, regulation, or Pay4me App policies. Pay4me App has the right, without notice to you, to refuse to accept or pay any Remittance that Pay4me App determines in our sole discretion may violate applicable law, regulation, or our policies, including laws, regulations, and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Remittance and then determine that it may violate any such law, regulation or policy, we may hold the Remittance until such time that the matter is resolved.
3. Authority to Charge Payment Account; Fees and Expenses
3.1 To use the Service, you must use the Application to direct Pay4me App to withdraw the principal value of the Remittance from your Payment Account, plus any applicable fees and charges; by requesting a Remittance, you authorize the Pay4me App to charge your Payment Account for the principal amount of the requested Remittance and applicable fees and charges if any. You acknowledge that Pay4me App has no obligation to process or complete a requested Remittance if the Pay4me App is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Remittance and all applicable fees and charges.
3.2 Pay4me App will disclose its fees and charges for providing the Service to you before you initiate a Remittance. Pay4me App's fees and charges may change from time to time and may depend, among other factors, on the principal amount of your Remittance, your type of Payment Account, your location, and the location of your Beneficiary. In addition to the fees and charges, Pay4me App will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your Beneficiary) applicable to your Remittance before you send it. Pay4me App's foreign exchange rates change from time to time. In addition to the fees and charges you pay when sending a Remittance, Pay4me App makes money when we convert the currency you send into the currency we pay to your Beneficiary.
3.3 Although Pay4me App will pay the full principal amount of your Transaction to your Beneficiary in the currency Pay4me App specifies to you when you initiate your Remittance, your Beneficiary may incur costs, fees, or charges from his or her bank, mobile phone company, E-Wallet issuer or other parties to maintain or withdraw the funds. Furthermore.
4. Reliance by Pay4me App
Use care when inputting information about your Beneficiary; spell your Beneficiary’s name correctly and provide it in full and verify that you have provided us with the Beneficiary’s correct phone number. You represent and warrant to us that all information you enter into the Application or otherwise provide to Pay4me App is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Remittance Payment, Pay4me App may rely on the registration information and Remittance information that you provide, including information about your Beneficiary. You acknowledge that any errors in the information you provide, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
5. Execution of a Remittance
The Pay4me App Remittance Facility Application is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, your Beneficiary is paid instantly through the Pay4me App mobile application; accordingly, once you originate a Remittance, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Beneficiary, we will contact you and keep you informed about the delay.
6. Payment of Funds to Beneficiary
6.1 Pay4me App and/or Pay4me App designated service providers will arrange for the payment of the Remittance to your Beneficiary. Pay4me App reserves the right to select the form of payment to the Beneficiary. Pay4me App and/or Pay4me App designated service providers will use reasonable efforts to provide payment in a form requested, but the Pay4me App Application is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made using credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account, or by some other payment instrument. Not all payment methods are available in all countries, and Pay4me App reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by check, at Pay4me App's option.
6.2 Pay4me App reserves the right to establish identification and verification requirements for a Beneficiary to receive a Remittance. Pay4me App may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Remittance, when paying the Beneficiary. Pay4me App has the right to decline to pay the Beneficiary if the Pay4me App cannot verify the identity of the Beneficiary or if the Pay4me App believes that you or your Beneficiary may violate this Agreement or any applicable law, regulation, or Pay4me App policy. Although Pay4me App has the right to establish identification and verification requirements, and the Beneficiary's failure to comply with them is a basis to decline payment of the Remittance, Pay4me App has no obligation to establish any such requirements.
7. Foreign Exchange
7.1 Payments to Beneficiaries are generally made in the currency of the Beneficiary's country. If permitted by applicable law and the Application, you may request your Remittance to be paid in another currency approved and made available by Pay4me App from time to time.
9.2 If a currency conversion is required, Pay4me App and/or Pay4me App-designated service providers will convert the currency in which you initiate your Remittance into the local currency at the Pay4me App exchange rate for your Remittance in effect at the time you initiate your Remittance. Pay4me App will disclose the exchange rate to you before you authorize the Remittance. Pay4me App's exchange rates vary from time to time, and may also differ depending on the principal value of your Remittance and other factors. In addition to the fees and charges applicable to your Remittance, Pay4me App makes money when your currency is converted into the currency in which your Remittance is paid.
8. Permissible Remittance Payments.
The Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Remittance (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) exceeding Pay4me App's transaction limits (whether in amount, frequency, or otherwise); (c) sent for gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; (e) which Pay4me App determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. You agree that you will only request a Remittance that complies with this Agreement, applicable origination country laws, and applicable laws in the country of the Beneficiary. You may only use the Application to send Remittances on your behalf. You may not resell the Application or use the Application to make Remittances on behalf of, or as agent for, another person. You will provide information and/or documentation that Pay4me App may request from time to time for Pay4me App to comply with any applicable laws, including anti-money laundering laws. Pay4me App may refuse payment of any Remittance which Pay4me App determines in its sole discretion does not comply with applicable law, Pay4me App policy, or the terms of this Agreement.
9. Rejection of Remittance Payment Request
9.1 Pay4me App has the right to reject your request for a Remittance, or to decline to complete a request for a Remittance, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, Pay4me App may suspend, delay, or reject your Remittance Payment request if:
the value of one or more of your Remittance requests exceed any limits established by Pay4me App; Pay4me App is unable to charge your Payment Account for the principal amount of the Remittance and related fees and charges; your Remittance request is incomplete or unclear;
Pay4me App is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary; Pay4me App suspects fraud or irregularity or illegality; your name or the name of your Beneficiary is a possible match to a name on one or more applicable "watch lists" maintained by governments, inter-governmental groups or Pay4me App to help detect and prevent illegal activity; Pay4me App and/or Pay4me App-designated service providers are unable to fulfill your request for any reason.
9.2 If your request for a Remittance is declined for any reason, Pay4me App will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.
9.3 Generally, if your request for a Remittance is declined or rejected, Pay4me App will return the principal amount of your Remittance to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires Pay4me App to hold your Remittance or to pay it to another party (including a government agency). If that happens, Pay4me App will inform you, if we are permitted to do so by applicable law.
10. Limitation of Liability
Pay4me App is not responsible for any delay, failure to execute, or an error in the execution of your Remittance request due to circumstances beyond Pay4me App's reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You further agree that the Pay4me App may refuse to process or delay processing any request if it would violate any guideline, rule, policy, or regulation of any government authority or funds transfer system.
Under no circumstances will Pay4me App be liable for damages, whether caused by the negligence of Pay4me App's employees, contractors, agents, or others, beyond the sum of ONE HUNDRED UNITED STATES DOLLARS (US$100.00), in addition to refunding the principal amount of the Remittance and any fees and costs you may have paid to Pay4me App to send it unless you have contacted Pay4me App before you send your Remittance and have obtained our written agreement to a higher limit on liability. If we agree to a higher limit on liability, we may charge you for it. Under no circumstances will Pay4me App be liable for any incidental, indirect, special, punitive, or consequential damages or the like.
THE APPLICATION AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAY4ME APP MAKES NO WARRANTIES, EXPRESS OR IMPLIED concerning THE APPLICATION OR THE SERVICE. PAY4ME APP DOES NOT WARRANT THE FUNCTIONALITY OF THE APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE APPLICATION AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION OR THE SERVICE.
11. Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints, or a written explanation of your rights, contact us at [email protected] Because Pay4me App credits Remittances to Beneficiaries immediately, your Remittance is typically not cancellable or refundable. If you believe that you sent a Remittance in error, you must contact us within thirty (30) minutes after you initiated it at [email protected], and we will attempt to recall it. If your Remittance has not yet been credited to your Beneficiary’s account, we will refund it to you (including all fees, if any) within three (3) business days. However, if the Remittance has already been credited to your Beneficiary's account we will be unable to cancel it.
If you notify us that the account number, telephone number, Beneficiary name, or other information that you provided to us when you initiated your Remittance was incorrect, we will promptly use reasonable efforts to recover the amount of your Remittance, but we may be unable to do so if your Remittance has already been paid or credited per the information you provided.
You have a right to dispute errors in your transaction. There is no charge for this service. If you think there is an error, contact us at [email protected] within 180 days after you sent your Remittance, and provide your name, contact information, the Beneficiary's name, the date of your transfer, as well as the reason you believe there has been an error. Pay4me App will investigate and determine whether an error occurred, and we will complete the investigation within 8 weeks (56 days). We will inform you of the results of the investigation within three (3) business days after the investigation is completed.
You may request copies of any documents we used in our investigation. If Pay4me App was at fault, we will refund the total amount you paid, including fees, if any, within one business day, or as soon as reasonably practicable.
Pay4me App will pay all refunds (whether resulting from a canceled or disputed Remittance) either by a credit to your Payment Account or by check payment, at Pay4me App's option. Alternatively, you can choose to have the Pay4me App process the Remittance again for no additional charge. However, if Pay4me App has not charged your Payment Account, but an authorization hold for the amount to be charged by Pay4me App has been placed on the funds at your bank, Pay4me App will cancel the transaction and request that the authorization hold at your bank is released. This process can take several days; that timing depends on the relationship between your bank and our payment processor, over which we have no control.
Except for our obligation to investigate and refund described above, Pay4me App is not liable to you for any loss resulting from Pay4me App's inability to cancel or refund a Remittance.
In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold Pay4me App, Across The Horizon, harmless from and against any claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses - including reasonable attorney's fees - in connection with or arising out of (i) your use of the Application or the Service, (ii) your breach of this Agreement, or (iii) Pay4me App acting upon your request for a Remittance. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Pay4me App for any losses caused due to any inaccurate, non- current, or incomplete information that you provided to Pay4me App and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.
13. Arbitration of Disputes
Where allowed, any dispute or claim arising from or relating to this Agreement, any Remittance or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration.
14. Electronic Communications
To use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service using electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, Pay4me App will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Application, or Pay4me App will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement.
Pay4me App will make available to you a record of each of your Remittances electronically on the Application. To use the Application, you must have an Android device or iPhone or any other device approved by Pay4me App. You agree that if you remove your consent to receive electronic communications, Pay4me App will terminate your use of the Application and Service.
15. General Terms
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Pay4me App concerning the Application and the Service. It supersedes all prior agreements, and may not be modified orally. Pay4me App may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Application after you have been notified of any such changes. Across The Horizon Technologies Limited and any of its subsidiaries and affiliates, along with the banks, telephone service providers, and others we have engaged to assist us, may participate in the provision of the Service. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.
18. Governing Law
If you are sending money from Nigeria, this Agreement shall be governed by federal law of the Federal Republic of Nigeria United States and, where not in conflict with or preempted by such federal law, the laws of Oyo State, as applicable, without regard to conflict of law principles. If you are sending money from outside Nigeria, be aware that this Agreement shall be governed by federal law of the Federal Republic of Nigeria United States and, where not in conflict with or preempted by such federal law, the laws of Oyo State, as applicable, without regard to conflict of law principles or that of any other countries or jurisdictions, and you may have other rights under the laws of that country.