This agreement (the Agreement
) is for customers who are based outside the United States of America.
This is a contract between you and:
PayPlux (PayPlux
), a digital currency exchange product of QodeHub LLC, a private limited company incorporated in Ghana.
References in this Agreement to "PayPlux", "we", "our" or "us", are to PayPlux and/or PayPlux Payments depending on the services being discussed, and references to "you" or "your" are to the person with whom PayPlux enters into this Agreement.
By signing up to use an account through PayPlux.com, or mobile applications (collectively the ), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
We refer to the Digital Currency Services and E-Money Services (all defined below) collectively as the
* You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. Digital Currency Services are not currently regulated by any regulator in Ghana or Africa. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. *
You must be at least 12 years old to be eligible to use any of the PayPlux Services, and also reside in a country in which the relevant PayPlux Services are accessible. Please note that not all PayPlux Services are available in every country. The list of PayPlux Services accessible by country can be found at https://www.PayPlux.com.
The following is provided to you by PayPlux:
a hosted prepaid wallet enabling you to store fiat (GHS/NGN/KSH) that enables you to buy digital currency from the platform or store money issued by PayPlux after selling gital currency to us. (the and respectively).
The following services (the ") may be provided to you by PayPlux:
PayPlux is not a regulated financial services provider. PayPlux is based in and provides its services from, Ghana.
To use the PayPlux Services, you will need to register for a PayPlux account (a "PayPlux Account") by providing your name, email address, phone number and a password and accepting the terms of this Agreement. By using a PayPlux Account, you agree and represent that you will use the PayPlux Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from PayPlux in accordance with
of this Agreement. You are fully responsible for all activity that occurs under your PayPlux Account. We may, in our sole discretion, refuse to open a PayPlux Account for you or limit the number of PayPlux Accounts that you may hold or suspend or terminate any PayPlux Account or the trading of specific Digital Currency in your account.If, to the extent permitted by , or as otherwise permitted by PayPlux from time to time, you grant express permission to a third party to access or connect to your PayPlux Account(s), either through the third party's product or service or through the Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your PayPlux Account(s) and any action of such third party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold PayPlux responsible for, and will indemnify PayPlux from, any liability arising out of or related to any act or omission of any third party with access to your PayPlux Account(s).
You may change or remove permissions granted by you to third parties with respect to your PayPlux Account(s) at any time through the tabs on the ‘Settings’ page on the Site.
You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in (Verification Procedures and Limits) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted access to specific premium PayPlux Services, including certain transfers of E-Money and Digital Currency, discounted rates, etc. and the limits that apply to your use of the PayPlux Services may be altered as a result of information collected on an ongoing basis.
The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, national identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with (Data Protection).
* You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further PayPlux Services and/or before permitting you to engage in transactions beyond certain volume limits. *
You can load funds into your Prepaid Wallet using one of the payment methods available on the Site, such as mobile money or bank transfer (your Prepaid Wallet will show loaded funds once we have received them). Loading of funds may be done manually, or automatically through third-party payment aggregators like SlydePay. The Prepaid Wallet is not a deposit or investment account which means that your money will not be protected by the Financial Services Regulators. Money held in a Prepaid Wallet will not earn any interest.
You may purchase supported Digital Currency by using the money credited to your Prepaid Wallet. To carry out a Digital Currency Transaction using your Prepaid Wallet, you must follow the relevant instructions on the Site. A Digital Currency Transaction using your Prepaid Wallet should usually be settled immediately after an order is placed, except for delays from the digital currency network. You authorise us to debit your Prepaid Wallet.
If a payment to load funds onto your Prepaid Wallet is not successful, you authorise PayPlux, in its sole discretion, either to cancel any related Digital Currency Transactions or delay your order until your successfully fund your wallet.
You will be able to see your Prepaid Wallet balance and your transaction history from the dashboard in your app (web/mobile), including:
(i) the amount (and currency) of each Digital Currency Purchase,
(ii) a reference to identify the mode of payment,
If an Unauthorised Transaction occurs as a result of our failure, we will refund you the amount of that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us. You will be liable for the first $10 of any losses you incur in respect of an Unauthorised Transaction which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details for your PayPlux Account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorised Transactions (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with Sections 3.2 and/or 4.6 ), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not just the first $10.
Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your Prepaid/Cash Out Wallet whilst we settle the dispute. Where we determine that the transaction was authorised, we may reverse that credit and correct errors made in any statement of Prepaid Wallet without prior notice to you, although please note that during this period your Prepaid Wallet may be temporarily locked to avoid further Unauthorised Transactions. You will also be liable to us (as a debt) for any digital currency you have transferred which was temporarily credited to your Cash Out Wallet.
Where an Incorrect Transaction is made as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your Wallet to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
You may, as set out in , appoint appropriately regulated third parties to access your Digital Currency Wallet (""). If you do, you should be aware that by virtue of such access, that Regulated Third Party may access your transactional and other data, and / or may initiate transfers from your Digital Currency Wallet. You will be liable for any actions that any Regulated Third Parties take on your PayPlux Account, as further set out in above. We reserve the right to refuse access to any Regulated Third Parties, as set out in Section 4.7 below.
We may refuse access to Regulated Third Party for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access. In such cases, unless we are prohibited by applicable law, we will inform you that the Regulated Third Party's access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.
By opening a PayPlux Account with us you provide your explicit consent to us providing payment services (i.e. the Digital Currency Services) to you. You can withdraw this consent at any time by closing your PayPlux Account.
For the avoidance of doubt, this consent does not relate to our processing of your personal information or your rights under and in accordance with data protection law and regulations. Please see (Data Protection) below and our Privacy Policy for information about how we process your personal data, and the rights you have in respect of this.
You may purchase supported Digital Currency by linking a valid payment method to your Prepaid Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase. Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency transaction is shown as complete, and it is delivered to your Digital Currency Wallet. You may sell Digital Currency in exchange for fiat currency (such as GHS, KSH or NGN) supported by PayPlux. In such circumstances, you authorise us to debit your Prepaid Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible. Any fiat currency should be credited to your selected payment method(s) immediately after we send such instructions.
We will make reasonable efforts to fulfil all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).
The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third-party payment processors.
Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Digital Currency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.
By clicking the
Buy
or
Sell
button on the Site, you are authorising PayPlux to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated miner fees.
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.
We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete. Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network. We may charge network fees ("miner fees") to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency Transaction. Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Currency to a PayPlux wallet from an external wallet, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner’s fees in order for the transaction to be successful. Non-payment of miner fees may cause your transaction to remain in a pending state outside of PayPlux’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state.
*We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which PayPlux is subject in any jurisdiction. *
Our Digital Currency Services are available only in connection with those digital currencies that PayPlux supports, and this may change from time to time.
If you have any questions about which Digital Currencies we currently support, please visit PayPlux Support
Unless specifically announced on the Site or via an official public statement of PayPlux, we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support (collectively, "Advanced Protocols"). You should not use your PayPlux Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions.
You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from or sold to, any third party using Digital Currency transferred using the PayPlux Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify PayPlux Support at [email protected] so that we may consider what action to take, if any.
The use of all PayPlux Services is subject to a limit on the volume, stated in the fiat currency relevant to your country, you may transact or transfer in a given period (e.g. daily). Please see Appendix 2 (Verification Procedures and Limits) for further details. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at [email protected]
We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with PayPlux staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
We may: (a) refuse to complete, or block, cancel or reverse a transaction you have authorised (even after funds have been debited from your PayPlux Account), (b) suspend, restrict, or terminate your access to any or all of the PayPlux Services, and/or (c) deactivate or cancel your PayPlux Account with immediate effect for any reason, including but not limited to where:
We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there are insufficient funds in your Prepaid Wallet to cover the transaction.
If we refuse to complete a transaction and/or suspend, restrict or close your PayPlux Account, and/or terminate your use of PayPlux Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and/or suspend your PayPlux Account, we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the PayPlux Services and/or deactivate or cancel your PayPlux Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your PayPlux Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which PayPlux is subject in any jurisdiction, you are permitted to access your PayPlux Account for:
You are not permitted to use the PayPlux Services or your PayPlux Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Site for you accordingly.
If we suspend or close your account or terminate your use of PayPlux Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting any Digital Currency transaction. You may cancel your PayPlux Account at any time by noticing the technical team by sending an email to [email protected]. You will not be charged for cancelling your PayPlux Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
If you have a dispute with one or more users of the PayPlux Services (other than PayPlux), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.
You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees
or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this
Agreement (including without limitation your breach of our Behaviour Policy
or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use
(as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party.
PayPlux’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by PayPlux of this Agreement shall be limited to a maximum aggregate value of the combined value of the monies in your Wallets (Prepaid/Cash Out) at the time of the relevant claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase/sale amount (as relevant) of the transaction in dispute.
In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the PayPlux Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.
The PayPlux Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the PayPlux Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the PayPlux Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. We will make reasonable efforts to ensure that requests for debits and credits involving bank accounts are processed in a timely manner but PayPlux makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to you use and access of the PayPlux Services and Site.
We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
Access to PayPlux Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays.
PayPlux shall not be liable for any losses resulting from or arising out of transaction delays.
Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may include technical inaccuracies or typographical errors.
In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
Links to third-party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.
If you have any feedback, questions, or complaints, contact us via our LiveChat at https://payplux.com/support.php or using the App.
When you contact us please provide us with your name, email address, and any other information we may need to identify you, your PayPlux Account, and the transaction on which you have feedback, questions, or complaints.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by PayPlux.
Within 15 business days of our receipt of your complaint the Officer will address all the points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will:
You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated, or other individuals (if you are not an individual), in connection with this Agreement, or the PayPlux Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:
In order to access PayPlux Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access PayPlux Services safe and maintaining adequate security and control of any and all security details that you use to access the PayPlux Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.
Any loss or compromise of your electronic device or your security details may result in unauthorised access to your PayPlux Account by third parties and the loss or theft of any funds held in your PayPlux Account and any associated accounts, including your linked bank account(s) and mobile money account(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
You should never allow remote access or share your computer screen with someone else when you are logged on to your PayPlux Account. PayPlux will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your amount unless specifically authorised in accordance with Sections 3.2 and 4.7. Always log into your PayPlux Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of PayPlux and/or failure to follow the requirements set out in this Section 12.1, or follow or act on any notices or alerts that we may send to you.
In order to access PayPlux Services users are required to provide an email address and create a password. PayPlux offers second-factor authentication via a user’s mobile device (Short Message Service or a supported Time-based One Time Password application). A verified phone number is required to enable second-factor authentication via SMS. Users are responsible for keeping electronic devices through which PayPlux Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the PayPlux Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s PayPlux Account by third parties and the loss or theft of any funds held in your PayPlux Account and the misuse of any associated accounts, including linked bank account(s) and mobile money account(s).
If you suspect that your PayPlux Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or PayPlux (together a "Security Breach"), you must:
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
PayPlux is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the PayPlux Services.
We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other rights, title, and interest in the Site or Content is exclusively the property of PayPlux and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
PayPlux.com
,PayPlux
, and all logos related to the PayPlux Services or displayed on the Site are trademarks or registered marks of PayPlux or its licensors. You may not copy, imitate or use them without our prior written consent.
In connection with your use of the PayPlux Services, and your interactions with other users and third parties, you agree to comply with the ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1). We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
Export Controls & Sanctions.
Your use of the PayPlux Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or PayPlux Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the PayPlux Services through the Site if:
We will notify of you any changes to the Agreement well in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the PayPlux Services. If you do not accept the change you should let us know, and the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice.
We may make all other amendments to the Agreement (including in relation to any other PayPlux Services) by posting the revised Agreement on the Site, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your PayPlux Account and cease using the PayPlux Services.
Copies of the most up-to-date version of the Agreement will be made available in the Site at all times.
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or PayPlux to be treated as partners or joint ventures, or either you or PayPlux to be treated as the agent of the other.
If you receive information about another user through the PayPlux Services, you must keep the information confidential and only use it in connection with the PayPlux Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the PayPlux Services.
You are responsible for keeping your email address and telephone number up to date in your PayPlux Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 3 for more detail in relation to how we will communicate with you.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the PayPlux Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your PayPlux Account.
This Agreement (including the documents incorporated by reference herein) comprise the entire understanding and agreement between you and PayPlux as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and PayPlux.
Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving PayPlux, provided that this transfer or assignment does not materially impact the quality of the PayPlux Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents are provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
In the event that PayPlux is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, PayPlux Account cancellation, debts owed to PayPlux, general use of the Site, disputes with PayPlux, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
This Agreement will be governed by Ghanaian law and the exclusive jurisdiction of these courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside Ghana, Kenya and Nigeria, you may also petition the courts of the jurisdiction in which you reside ("Home Jurisdiction") and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under Ghanaian law.
You may not use your PayPlux Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of PayPlux Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at: https://payplux.com/support.php.
By opening a PayPlux Account, you confirm that you will not use your PayPlux Account and/or any PayPlux Services to do any of the following:
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from PayPlux Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of PayPlux Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at https://payplux.com/support.php.
By opening a PayPlux Account, you confirm that you will not use PayPlux Services in connection with any of the following businesses, activities, practices, or items:
Express written consent and approval from PayPlux must be obtained prior to using PayPlux Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at [email protected].
PayPlux may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use PayPlux Services in connection with any of the following businesses, activities, or practices:
PayPlux uses multi-level systems and procedures to collect and verify information about you in order to protect PayPlux and the community from fraudulent users and to keep appropriate records of PayPlux's customers. Your access to one or more PayPlux Services, and limits including daily or weekly conversion limits, PayPlux Premium deposit, withdrawal and trading limits, instant buy limits, Prepaid Wallet limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to PayPlux. PayPlux may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any PayPlux Services and/or before permitting you to engage in transactions beyond certain volume limits.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your PayPlux Account and your use of PayPlux Services. Communications include:
We will provide these Communications to you by posting them on the PayPlux website, emailing them to you at the primary email address listed in your PayPlux profile, communicating to you via instant chat, and/or through other electronic communication such as a text message or mobile push notification.
You may withdraw your consent to receive Communications electronically by contacting us at https://payplux.com/support.php. If you fail to provide or if you withdraw your consent to receive Communications electronically, PayPlux reserves the right to immediately close your PayPlux Account or charge you additional fees for paper copies.
It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if PayPlux sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, PayPlux will be deemed to have provided the Communication to you.
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