Terms & Conditions
Welcome to OPay!
The OPay service, website and/or software
application (collectively, the “Service”) enables you to transfer funds between
your mobile money wallet and your bank account, as well as to the
wallet/account of another user. It also enables you, through your supported
mobile money wallet, account or debit/credit card, to pay for products and
services offered by third parties (“Products”). The Service is operated by OPay Digital Services Limited (“OPay”),
subject to these Terms of Service (“Terms”).
Terms of Service
Last Updated: September 14, 2023
This is a
contract. These Terms constitute a contract between you and OPay. If you do not accept these Terms, please do not
use the Service. By using any part of the Service, you accept these
Terms. If you are under eighteen (18) years of age, you may not use the
Service.
You must register
an account with valid information. To use the Service, you must: (a)
provide a valid mobile phone number; (b) agree that an account associated
with such number be created; (c) accept the current Terms; and (d)
agree to submit such other (and additional) information as OPay may request in line with regulatory/legal
provisions. You agree to provide true, accurate and complete information about
yourself as prompted by OPay during the account
registration process. You will be given the option of receiving a unique PIN
for purposes of reusing your account. You are responsible for keeping
your PIN secure at all times, without reservation. For the avoidance
of doubt, OPay will not be responsible when/where
you compromise your details by disclosing it to third parties.
Third party
merchants offer the goods & services. The Service provides an
opportunity to discover offers from independent third party merchants
(“Merchants”). These Merchants sell their respective Products subject to their
own terms and conditions. To illustrate:
· Airtime: If
you choose to purchase pre-paid airtime, you do so pursuant to the relevant
terms and conditions of your mobile telecommunications provider.
· Utilities: If
you choose to purchase pre-paid electricity or water, you do so pursuant to the
relevant terms and conditions of the utility provider.
If you decide to
purchase Products such as these from third party Merchants, you do so at your
own risk and subject to the relevant Merchant’s terms and conditions. We are
unable to investigate, monitor, or check the products for accuracy,
reliability, appropriateness or completeness. By granting you access
to discover the Products via the Service, Opay
does not imply approval or endorsement of such Products. You therefore agree
that OPay is not responsible or liable for the
Products you purchase from Merchants.
Payments are
processed by third parties. In order to facilitate your purchases from
Merchants, OPay has integrated its Service with the
billing solutions of certain mobile money providers and credit card issuing
banks (“Payment Processors”). When you purchase a Product from a Merchant
using your supported mobile money wallet or account or debit/credit card,
payments will be processed by such Payment Processors. Payment Processors have
their own terms and conditions governing your use of their payment services.
You understand and agree that OPay does not process
payments and is not responsible or liable for any transactions in which you
engage. By engaging in a purchase transaction using your mobile money account
or debit/credit card, you authorize the Merchant (or OPay
on its behalf) to bill your account or card for the purchase amount.
Your privacy is
important to us. OPay takes the matters of
protection and security of its users’ information very seriously. OPay’s privacy policy governing the Service is attached to
these Terms (“Privacy Policy”). The Privacy Policy is incorporated into these
Terms by this reference. By using the Service, you agree to the use of your
data in accordance with OPay’s Privacy Policy. The
Privacy Policy addresses only the information collected by OPay
in providing the Service to you. Merchants and Payment Processors have their
own information-gathering practices which apply when you choose to
purchase their Products.
Product inquiries
should be submitted to the relevant Merchant. If you have any questions,
concerns or requests related to a Product you have purchased from a Merchant,
please contact the Merchant directly or contact us at ng-support@opay-inc.com for
assistance. Each Merchant maintains its own customer contact desk for handling
such requests; however OPay will do
its best to assist you. If you wish to submit a complaint about the practices
of a Merchant offering its Products via the Service, you may contact us by
email at ng-support@opay-inc.com.
You must not use
the Service to violate any laws. You must not use the Service to violate
or infringe the rights of any other person, including the rights of other
users, OPay’s rights in the Service or Merchants’
rights in their Products. You must not breach any laws or regulations when
using the Service or attempt to disrupt or interfere with the security or
functionality of the Service. In the event that OPay
reasonably suspects that you are using the Services for illegal activities
(particularly fraud, money laundering or other related illegalities), OPay reserves the right to block your
account immediately without liability. Such illegalities as
mentioned above may be as a result of enacted laws, court judgments, rulings or
pronouncements, or regulatory policies and guidelines to which OPay is bound. If a breach is associated with your
account/wallet, you agree that we have the right to apply restrictions to your
account/wallet and report to the appropriate law enforcement
agencies or the respective regulator, in line with extant laws.
OPay may contact you regarding your account or the
Service. You expressly agree that, as part of the Service, you may, from
time to time, receive communications from OPay via
email, instant message, telephone, text message (SMS) or other means. You may
elect to stop receiving promotional messages by emailing your request to
opt-out, along with your cell phone number, to ng-support@opay-inc.com, or
following the opt-out instructions in the message. Even if you choose to opt
out of receiving promotional messages, you may not opt out of receiving
service-related messages as these ensure that we are able to deliver
accurate, relevant, sensitive and security-related services to you.
OPay may discontinue the Service. OPay
may, in furtherance of regulatory, time-sensitive and security-related
purposes, terminate your access to the Service or discontinue providing
the Service or any part of the Service, with due notice to you [or without
notice where the suspension or termination is expedient to forestall, curb
or extinguish some ongoing fraud, industry-wide compromise or an ongoing
financial crime-related investigation]. Rest assured that we will provide
as much notice as the circumstance allows, and restore the Service at the
earliest convenience. You agree that in the event of the foregoing, OPay will not be responsible or liable to you or
any third party.
The Service is
provided without any warranties or guarantees. The Service is
provided "as is" without warranty of any kind. OPay
and its suppliers and affiliates disclaim all warranties with regard to the
service, including all implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. If you are dissatisfied with
any portion of the service, or with any of these terms, your sole and exclusive
remedy is to discontinue using the service.
OPay is not liable for any damages you may incur as a result
of using the Services. In no event shall OPay or
its suppliers be liable for any direct, indirect, punitive, incidental,
special, consequential damages, or any damages whatsoever arising out
of, or in any way connected with the use or performance of the service,
with the delay or inability to use the service, the provision of (or failure to
provide services), or otherwise arising out of the use of the service, whether
based on contract, tort, negligence, strict liability, or otherwise, even if OPay or any of its suppliers have been advised of the
possibility of such damages.
You agree to
arbitrate any disputes. This Agreement is subject to, and shall be
governed by, and construed in accordance with the laws of Nigeria, without
reference to the principles of conflict of laws thereof. Any matters arising
concerning the interpretation, validity or implementation of this Agreement not
solved by mutual agreement between the Parties shall be submitted to
arbitration in the English language before a sole arbitrator to take place in
Lagos, Nigeria as the seat of the arbitration. The arbitration shall be
conducted pursuant to the Rules of Arbitration of the Chartered Institute of
Arbitrators of the United Kingdom. The arbitral decision shall be final and
binding on the Parties and may be made an order of court. The Parties
unconditionally consent and submit to the jurisdiction of the High Court of Lagos,
Nigeria for such purpose. Nothing in this Agreement will be deemed as
preventing OPay from seeking injunctive relief (or
any other provisional remedy) from any court having jurisdiction over the
Parties and the subject matter of the dispute as is necessary to protect OPay’s name, proprietary information, trade secrets,
know-how, or any other intellectual property rights.
OPay may modify these Terms. We may modify these Terms
and related policies (including, but not limited to the Privacy Policy) at
any time in the future. Where this happens, we will communicate the
changes to you. By continuing to use the Service, you agree to be
bound by the latest version of these Terms. It is your responsibility to
familiarize yourself with the communicated changes.
Alteration. No
alteration, variation or agreed cancellation of this agreement, and
the Privacy Policy, shall be of any effect unless so directed by us.
Whole
Agreement. This Agreement constitutes the whole agreement between the
parties in regard to the subject matter hereof and no warranties or
representations of any nature whatsoever other than set out in this agreement
have been given by any of the parties.
Waiver/Relaxation. No
relaxation or indulgence which OPay may show to you
shall in any way prejudice or be deemed to be a waiver of its rights hereunder.
Survival. Each
and every provision of this Agreement (excluding only those provisions which
are essential at law for a valid and binding Agreement to be constituted) shall
be deemed to be separate and severable from the remaining provisions of this
Agreement. If any of the provisions of this Agreement (excluding only those
provisions which are essential at law for a valid and binding Agreement to be
constituted) is found by any court of competent jurisdiction to be invalid
and/or unenforceable then, notwithstanding such invalidity and/or
unenforceability, the remaining provisions of this Agreement shall be (and
remain) of full force and effect.
Privacy Policy
Version 6.0 | September 14, 2023
At OPay, the privacy of our Data
Subjects and their Personal Data is of utmost importance to us. And
in line with our resolution, we have developed this Privacy Policy to explain
your privacy rights, particularly regarding how we collect, process,
retain, share and protect your Personal Data when you visit our website,
premises or use our digital platforms (collectively, "the Platform"
or "Services").
This Privacy Policy between OPay Digital
Services Limited ("OPay") and you
constitutes our commitment to your continued privacy on all our platforms.
It is designed to provide information regarding our privacy practices and help
you understand how we handle your data.
1. Consent
When you access our platforms and give your consent upon such access, you
accept this privacy policy; in particular, as you use the services offered on
our website and digital platform or visit any of our offices and submit your
data for official or non-official purposes.
2. What Personal Data do we collect?
We collect Personal Data about you when you use the services offered on
our website and digital platform, including the following:
1. Sign-up information: When you register to use the services offered
on our digital platform, we will collect Personal Data as necessary to offer
and fulfil the service you request. Depending on the service you choose, we may
require that you provide us with your name, email address, mobile number,
social media handles and debit/credit card details to create an
account. We may also require you to provide additional, necessary personal
details as you use our services.
2. Transaction information: When you use our digital platform to send
and receive money, make purchases from merchants, pay bills, deposit &
withdraw cash, we collect information about the transaction, as well as other
associated information as necessary to offer and fulfil the service (like
transaction receipt, account statement) that we are obliged to; such as:
the amount sent or received, amount paid for products or services,
merchant information – including information about your device and
geolocation.
3. Participant Personal Data: When you use our services, we may
collect Personal Data about the other participants associated with the
transaction, including your phone contacts with your consent, so you
can easily transact with your friends and contacts and enable instant
messaging (IM). We collect Personal Data such as name and financial account
information about the participant who is receiving money from (or sending money
to) you, when you send or receive money through the Services.
4. Image Information: We may collect your image (upload, storage, and
use) information to support account opening, such as uploading your portrait.
We may also collect information from your images when you use our customer
support to upload evidence such as statements and checks. In addition, we may
collect your image information in connection with regulatory
KYC (Know Your Customer) purposes.
5. Information from other sources: We may collect information from
other sources, such as our social media platforms when you reach out to us to
lodge a complaint about our services. However, we will only ask for information
relevant to the help required of us to you.
6. Other information we collect related to your use of our website or
Services: We may collect additional information from or about you when you
communicate with us, contact our customer support teams, respond to a survey or
use functionality offered by third-party service providers through our
Platform. For instance, when you initiate third-party applications through OPay mobile application, with your prior consent, your SMS
may be collected and monitored to help third-party service providers reduce
risks associated with your application through the relevant model/system to
provide customized services.
7. When you apply for a job with us: We may request Personal Data
about your education, employment and state of health. As part of your
application, you will be asked to provide your express consent to our use of
this information to assess your application and any monitoring activities which
may be required of us under applicable laws as an employer. We may also carry
out screening checks (including reference, background and criminal record
checks). We may exchange your Personal Data with academic institutions,
recruiters, health maintenance organisations, law
enforcement agencies, referees and your previous employers. Without your
Personal Data, we may not be able to process your application for positions
with us.
We do not collect the information of minors.
If you are under the age of 18, you are not eligible to use the service
offered on our digital platform.
3. How Do We Retain Personal Data?
We retain Personal Data in an identifiable format only for as long as
required for our business purposes, with specific reference to the service
rendered to you, and to fulfil our legal or regulatory obligations.
Subject to applicable law, which might, from time to time, oblige us to retain
your Personal Data for a certain period of time, we will retain your Personal
Data for as long as necessary to fulfil the purposes we collect it for,
including the purposes of satisfying any legal, accounting, or reporting
obligations. Personal Data that is no longer in use or which has been retained
beyond the requisite statutorily required storage period, will be destroyed in
line with industrial best practices for such operations.
4. How Do We Process Personal Data?
We collect your personal data to provide you an efficient and secure
customer experience. We may process your Personal Data for the following
reasons:
1. Provide services, including to:
· Initiate a payment, send or request money, or pay a bill;
· Authenticate your access to an account;
· Communicate with you about your account;
2. Manage risk, fraud and abuse of our services and prevent you from
fraud (by developing and adopting measures of verifying your identity).
Our risk and fraud tools use personal data, device information and geolocation
from our Platform that offers services to help detect and prevent fraud and
abuse of the services.
3. Comply with our legal and regulatory obligations and to enforce
the terms of our sites and services, including to comply with all applicable
laws and regulations.
4. Trail information breach and remediate such identified breaches.
5. Resolve disputes and troubleshoot problems.
6. With your prior consent:
· Market OPay products and services to you.
· Use cookies to provide a targeted display, feature, service or
offer to you.
· To provide you with location-specific functionality like searching
nearby agents if you authorize us to access your Geolocation information
through the Services.
We will not send unsolicited marketing communications to you by SMS or
email if you have not opted in to receive them.
Additionally, you can withdraw your consent at any time and free of
charge.
5. Sharing your Personal Data
We may share your Personal Data or other information about you with others
for the following reasons:
· With other entities of the OPay Group
that are subject to the equivalent level of internal control: We may share your
Personal Data with other entities under the OPay
Group as necessary to enable the technical service you request, to manage risk
through risk model system, to prevent potentially illegal and fraudulent acts
and violations of our policies and agreements, and to help us manage the
connectivity of our services.
· With other companies that provide services to us: We may share
Personal Data with third-party service providers that perform services and
functions at our direction and on our behalf. These third-party service
providers may, for example, provide you with services, verify your identity,
assist in processing transactions, send you advertisements for our products and
services, or provide customer support. Rest assured that we make double
sure that these companies have compliant, legal measures in place to ensure the
security and confidentiality of your Personal Data.
· With unaffiliated thiry-party service
providers that offer functionality through our Platform, with your prior
consent, to help complete the service you request.
· With other financial institutions: We may share Personal Data with
other financial institutions that we have partnered with to only offer OPay-related services, unless
your consent extends to other uses. We may also share Personal Data
to process transactions and keep your financial information up to date.
· With the other parties to transactions when you use the services,
such as other users and their service providers. This includes other users you
are sending or receiving funds from and their service providers. The
information might include:
· Personal Data and account information necessary to facilitate the
transaction; and
· Personal Data to help other participant(s) resolve disputes and
detect and prevent fraud.
· Where permitted or required by law. We may share information
about you with other parties for OPay's business
purposes or as permitted or required by law, including:
· If we need to do so to comply with a court proceeding, other legal
process or an applicable regulation;
· To law enforcement authorities or other government officials, or
other third parties pursuant to a court order or other legal process or
requirement applicable to OPay or an affiliated
entity;
· Where we reasonably believe that the disclosure is necessary or
appropriate to prevent an imminent physical harm or financial loss, or in
connection with an investigation of suspected (or actual) illegal activity;
· With credit agencies and data processors for credit reference
checks and anti-fraud and compliance purposes – all in accordance to
applicable data privacy regulations and laws;
· To investigate violations of or enforce a user agreement or other
legal terms applicable to any service;
· To protect our property, services and legal rights;
· As reasonably and legally permitted, to facilitate a purchase or
sale of all or part of OPay's business, or in the
instance of some merger and acquisition;
· To support our audit, compliance, and corporate governance
functions.
· With your consent: We also will share your Personal Data and other
information with your consent or direction.
· Your BVN. By accepting this policy, you agree that, in line
with regulation and in furtherance of our KYC computation processes, we may
access and utilize your BVN to upgrade your account.
6. How We Use Cookies
Cookies are small files placed on your device’s browser that enable the
website to identify your device as you view different pages. Like most
interactive websites, our website uses cookies to enable us track of your
activity for the duration of a session. Our website uses only encrypted session
cookies which are erased either after a predefined timeout period or once the
user logs out of the platform and closes the browser. Session cookies do not
collect information from your device. They will typically store data in the
form of a session identification that does not personally identify you. Certain
aspects of our website are only available through the use of cookies, so your
use of our website may be limited or not possible if you choose to disable or
decline cookies.
7. What Are Your Rights?
1. Requests to Access, Rectify or Erase.
a. Access Request
As permitted under law and applicable data privacy regulations,
you have the right to ask us whether we hold any Personal Data relating to
you and, if we do, to be provided with a copy of that Personal Data in
electronic form, unless you want to receive it in any other way (for example, a
paper copy). In addition, you can ask us for information on how we use your
Personal Data, who we share it with, how long we keep it, where it is stored,
and other information to help you understand how we use it.
b. Rectification Request
You have the right to ask us to correct your Personal Data (including by
means of providing a supplementary statement) if it is inaccurate, or update
outdated or incomplete Personal Data without undue delay. Where we
cannot correct the Personal Data, we include a note on our files regarding your
request to correct your Personal Data.
c. Erasure Request
You have the right to ask us to erase your Personal Data if:
i. Your Personal
Data are no longer necessary for the purpose(s) they were collected for.
ii. Your Personal Data have been unlawfully processed.
iii. Your Personal Data must be erased to comply with a regulation.
iv. You withdraw your consent for the processing of the Personal Data
(and if this is the only basis on which we are processing your Personal Data).
v. You object to the possession, provided there are no overriding
legitimate grounds for continued processing, or
vi. You object to processing for direct marketing purposes.
If we receive your erasure request, we will also take reasonable steps to
inform other data controllers processing the data so they can seek to erase
links to or copies of your Personal Data. We may refuse to act on your request
to erase your Personal Data if the processing of your Personal Data is
necessary:
d. To exercise our right of freedom of expression and information.
e. To comply with the NDPR and relevant Nigerian laws.
f. For the performance of a task carried out in the public interest
or to exercise some official authority vested in us.
g. To establish, exercise or defend legal claims.
In these cases, we can restrict the processing instead of erasing your
Personal Data if requested to do so by you.
2. Requests to Object: You have the right to object at any time
to the processing of your Personal Data if we process it based on our
legitimate interests. This includes any so-called “profiling”. Our privacy
notice informs you when we rely on legitimate interests to process your
Personal Data. In these cases, we will stop processing your Personal Data unless
we can demonstrate compelling legitimate reasons for continuing the processing.
We may reject your request if the processing of your Personal Data is needed to
establish, exercise or defend legal claims. You have the right to object at any
time if we process your Personal Data for direct marketing purposes. You may
also object at any time to profiling supporting our direct marketing. In such
cases, we will stop processing your Personal Data when we receive your
objection.
3. Requests to Restrict: You have the right to ask us to
restrict the processing of your Personal Data if:
a. You contest the accuracy of your Personal Data and we are in the
process of verifying the Personal Data we hold.
b. The processing is unlawful and you do not want us to erase your
Personal Data.
c. We no longer need your Personal Data for the original purpose(s)
of processing, but you need them to establish, exercise or defend legal claims
and you do not want us to delete the Personal Data as a result, or
d. You have objected to processing carried out because of our
legitimate interests while we verify if our legitimate grounds override yours.
If processing is restricted, we may process your Personal Data (excepting
for storage purposes), only:
e. If you have given us your consent.
f. For establishing, exercising or defending legal claims.
g. For protecting the rights of another natural or legal person, or
h. For reasons of important public interest as defined under the NDPR
and relevant Nigerian laws.
Once processing is restricted following your request, we will inform you
before we lift the restriction.
4. Requests for Portability: If our processing is performed by
computer and is necessary to fulfil a contract with you, or is based on your
consent, you have the right to:
a. Receive any Personal Data you have provided to us in a structured,
commonly used and machine-readable electronic format.
b. Send your Personal Data to another organization or have us do so
for you if it is technically feasible for us to do so.
If your request relates to a set of Personal Data that also concerns other
individuals, we may restrict the transfer to only the portion relevant to you,
unless you establish that you have also gotten their consent.
5. Requests to Object to Automated Decisions: Generally, you
have the right to object to any legal decision concerning you or which
otherwise significantly affects you if this is based solely on the automated
processing of your Personal Data. This includes automated decisions based on
profiling. In such instance, you may undertake a legal process to prevent
or advance your rights.
Otherwise, we may refuse your request regarding such automated
decisions where:
a. Necessary to enter into a contract with you, or for the
performance of your contract with us.
b. Permitted by regulations, or
c. Based on your explicit consent.
Our actions on the automated processing involving your sensitive
Personal Data (where you have given your explicit consent or the
processing is necessary for reasons of substantial public interest), are in
complete compliance with the NDPR and relevant laws.
8. How Do We Protect Your Personal Data?
Security
We maintain technical, physical, and administrative security measures
designed to provide reasonable protection for your Personal Data against loss,
misuse, unauthorized access, disclosure, and alteration. The security measures
include firewalls, data encryption, physical access controls to our premises,
CCTV cameras for public safety and quality control, as well as information
access authorization controls.
Confidentiality
Your Personal Data is regarded as confidential and will not be divulged to
any third party, except under legal and/or regulatory conditions. You have the
right to request sight of, and copies of any and all information we keep on
you, if such requests are made in compliance with the Freedom of Information
Act and other relevant enactments.
While we are dedicated to securing our systems and services and
safeguarding the information entrusted to us, your role in fulfilling
confidentiality duties includes, but is not limited to, adopting and enforcing
appropriate security measures such as securing and maintaining the privacy of
your password(s) and account/profile registration information, adherence with
physical security protocols on our premises, verifying that the Personal Data
we maintain of you is accurate and current.
We will inform you of any breaches which may affect your Personal Data.
9. Remedies for Violation and Time-frame for Remedy
In the event of violation of this policy, our Data Protection Officer
shall within 7 days redress the violation. Where the violation pertains to the
disclosure of your Personal Data without your consent, such information shall
be retracted immediately, and confirmation of the retraction sent to the you
within 48 hours of the redress.
10. Governing Law
This Privacy Policy is made according to the Nigeria Data Protection
Regulation (2019) or any other relevant Nigerian laws, regulations or
international conventions applicable to Nigeria.
11. Changes to our Privacy Policy
This privacy policy is reviewed periodically and when there is any
substantial change to business or regulatory requirements. The revised Privacy
Policy will be effective as of the published updated date. At the minimum, we
shall review this annually and communicate via our communication channels such
as Website, Social Media Accounts etc. If the revised version includes a
substantial change, we may notify you of the change using emails or other
means.
12. How Does Your Personal Data Move Globally?
Our operations are supported by a network of computers, cloud-based
services and other infrastructure and information technology. Your Personal
Data will be stored in Nigeria where we are providing Services to you, except
where you provide your consent for your Personal Data to be processed outside
Nigeria to enable us process your transactions. Data are stored with
appropriate encryption menthod and security
standards. We will protect your information as prescribed in the Privacy Policy
if your Personal Data is transferred out of Nigeria. By using our Platform and
Services, you consent to your Personal Data being transferred out of Nigeria,
to a jurisdiction which has adequate data protection laws as prescribed in the
NDPR.
13.Contact Us
If you have any general questions or concerns about this Privacy Policy or
the way in which we handle your Personal Data, kindly contact us via the
details below:
OPAY DIGITAL SERVICES LIMITED
Alexander House, Otunba Jobi
Fele Way. Ikeja, Lagos, Nigeria.
Email: ng-privacy@opay-inc.com