1. Definitions in this Agreement
Last Updated April 26th, 2022.
The words "you" and "your" refer to the person who downloads the Application or signs up and uses the Service. The words "Pay4Me ", "we" and "us" and "our" refer to Pay4Me, Inc. The word "Beneficiary" means the person to whom you send a payment or money.
2.1 You may use the Application only to send payments to a Beneficiary located in a country where Pay4Me provides payment service, as designated on the Application from time to time. Pay4Me and designated service providers will process the payment 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. Pay4Me provides a payment service only; the funds that you direct Pay4Me to pay to your Beneficiary are not held by Pay4Me as a deposit or in escrow, and Pay4Me is not holding or processing your payments as a fiduciary. Pay4Me’s only obligation is to facilitate payments to your Beneficiary or to return the principal amount of the payment to you.
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 acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Pay4Me’s control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Pay4Me may from time to time set limits on the value of Payments you may send (both individually and over some time), as well as the value of Payments any Beneficiary may receive. Pay4Me may delay payments to allow us to determine that your Payments comply with applicable laws, regulations, or Pay4Me policies. Pay4Me has the right, without notice to you, to refuse to accept or pay any Payments that Pay4Me determines in our sole discretion may violate applicable laws, regulations, 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 Payments and then determine that it may violate any such laws, regulations or policies, we may hold the Payments 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 to withdraw the principal value of the Payments from your Payment Account, plus any applicable charges; by requesting a Payments, you authorize Pay4Me to charge your Payment Account for the principal amount of the requested Payments and applicable charges if any. You acknowledge that Pay4Me has no obligation to process or complete a requested Payment Pay4Me is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Payments and all applicable charges.
3.2 Pay4Me will disclose its charges for providing the Service to you before you initiate a Payment. Pay4Me charges may change from time to time and may depend, among other factors, on the principal amount of your Payments, your type of Payment Account, your location, and the location of your Beneficiary. In addition to the charges, Pay4Me 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 Payments before you send it. Pay4Me foreign exchange rates change from time to time. In addition to the charges you pay when sending a Payment, Pay4Me makes money when we convert the currency you send into the currency we pay to your Beneficiary.
3.3 Although Pay4Me will pay the full principal amount of your Transaction to your Beneficiary in the currency Pay4Me specifies to you when you initiate your Payments, 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.
4. Reliance by Pay4Me
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 information. You represent and warrant to us that all information you enter into the Application or otherwise provide to Pay4Me is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Payment, Pay4Me may rely on the registration information and Payments 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 Payments
The Pay4Me Payments Application is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, payouts to your beneficiary start once you originate a payment, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered accurately to the beneficiary, we will contact you and keep you informed about the delay.
6. Payment of Funds to Beneficiary
6.1 Pay4Me and/or Pay4Me designated service providers will arrange for the payments to your Beneficiary. Pay4Me reserves the right to select the form of payment to the Beneficiary. Pay4Me and/or Pay4Me designated service providers will use reasonable efforts to provide payment in a form requested, but the Pay4Me 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), check, transfers, mobile money, money order, P2P wallet, gift cards, 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 reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Payment may be returned to you either by a credit to your Payment Account or other viable options at Pay4Me’s disposal.
6.2 Pay4Me reserves the right to establish identification and verification requirements for a Beneficiary to receive a Payments. Pay4Me may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Payments, when paying the Beneficiary. Pay4Me has the right to decline to pay the Beneficiary if Pay4Me cannot verify the identity of the Beneficiary or if Pay4Me believes that you or your Beneficiary may violate this Agreement or any applicable laws, regulations, or Pay4Me’s policy. Although Pay4Me 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 Payments, Pay4Me 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 Payments to be paid in another currency approved and made available by Pay4Me from time to time.
7.2 If a currency conversion is required, Pay4Me and/or Pay4Me-designated service providers will convert the currency in which you initiate your Payments into the local currency at the Pay4Me exchange rate for your Payments in effect at the time you initiate your Payments. Pay4Me will disclose the exchange rate to you before you authorize the Payments. Pay4Me's exchange rates vary from time to time, and may also differ depending on the principal value of your Payments and other factors. In addition to the charges applicable to your Payments, Pay4Me makes money when your currency is converted into the currency in which your Payments are paid.
8. Permissible 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 Payments
- (a) induced by or involving the proceeds of crime, fraud, or other improper activity;
- (b) exceeding Pay4Me 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 determines is suspicious or may violate applicable laws or regulations, 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 Payments that comply with this Agreement, applicable origination country laws, and applicable laws in the country of the Beneficiary. You may only use the Application to send Payments on your behalf. You may not resell the Application or use the Application to make payments on behalf of, or as an agent for, another person. You will provide information and/or documentation that Pay4Me may request from time to time for Pay4Me to comply with any applicable laws, including anti-money laundering laws. Pay4Me may refuse any Payments which Pay4Me determines in its sole discretion do not comply with applicable law, Pay4Me policy, or the terms of this Agreement.
9. Rejection of Payments
9.1 Pay4Me has the right to reject your Payment or decline to complete a request for a Payment or impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, Pay4Me may suspend, delay, or reject your Payment request if:
the value of one or more of your Payments requests exceeds any limits established by Pay4Me; Pay4Me is unable to charge your Payment Account for the principal amount of the Payments and related charges; your Payments request is incomplete or unclear;
Pay4Me is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary; Pay4Me 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 to help detect and prevent illegal activity; Pay4Me and/or Pay4Me-designated service providers are unable to fulfill your request for any reason.
9.2 If your payment request is declined for any reason, Pay4Me 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 Payments is declined or rejected, Pay4Me will return the principal amount of your Payment, if it has already been withdrawn; there may be circumstances, however, where the law requires Pay4Me to hold your Payments or to pay it to another party (including a government agency). If that happens, Pay4Me will inform you, if we are permitted to do so by applicable law.
10. Limitation of Liability
Pay4Me is not responsible for any delay, failure to execute, or an error in the execution of your Payments request due to circumstances beyond Pay4Me'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 Pay4Me 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 be liable for damages, whether caused by the negligence of Pay4Me 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 Payments and any fees and costs you may have paid to Pay4Me to send it unless you have contacted Pay4Me before you send your Payments 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 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 MAKES NO WARRANTIES, EXPRESS, OR IMPLIED concerning THE APPLICATION OR THE SERVICE. Pay4Me 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS ARE 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@example.com because Pay4Me credits Payments to Beneficiaries immediately, your Payments are typically not cancellable or refundable. If you believe that you sent a Payment in error, you must contact us within thirty (30) minutes after you initiated it at firstname.lastname@example.org and we will attempt to recall it. If your Payments have not yet been credited to your Beneficiary’s account, we will refund them to you (including all fees, if any) within three (3) business days. However, if the Payments have 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 Payments was incorrect, we will promptly use reasonable efforts to recover your Payments, but we may be unable to do so if your Payments 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@example.com within 180 days after you sent your Payments, 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 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 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 will pay all refunds (whether resulting from canceled or disputed Payments) either by a credit to your account or transfer via other available and suitable methods. Alternatively, you can choose to have Pay4Me process the Payments again for no additional charge. 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 is not liable to you for any loss resulting from Pay4Me’s inability to cancel or refund a Payment.
In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold Pay4Me, Inc. 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 acting upon your request for Payments. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Pay4Me for any losses caused due to any inaccurate, non-current, or incomplete information that you provided to Pay4Me 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 Payments 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 (e-mail) communications. If any change to this Agreement requires prior notice to you, Pay4Me will notify you by email, at the email address that you provided when registering for the Application, or view the revised or amended Agreement.
Pay4Me will make available to you a record of each of your Payments electronically on the Application. To use the Application, you must have an Android device or iPhone, or any other device or medium approved by Pay4Me. You agree that if you remove your consent to receive electronic communications, Pay4Me 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 concerning the Application and the Service. It supersedes all prior agreements, and may not be modified orally. Pay4Me 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. Pay4Me, Inc. 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.
16. Governing Law
If you are sending payments from Nigeria, this Agreement shall be governed by federal law of the Federal Republic of Nigeria and was 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 payments from outside Nigeria, be aware that this Agreement shall be governed by federal law of the Federal Republic of Nigeria 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.
17. Processing Speed
Express speed payments are processed in 1 - 2 Working Days. Working days are Monday - Friday, excluding bank or public holidays.
Regular speed payments are processed in 2 - 5 Working Days. Working days are Monday - Friday, excluding bank or public holidays.