Date of the last revision: 17th. November, 2020.

Welcome to Phoonepos Technologies Limited/phoonePOS - Thank you for visiting.

It is important to us that you, and our other visitors, have the best possible time while using our site, and that when you use this site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Service as the legally binding terms to govern your use of this site. Please read these Terms of Service carefully before using the site because they affect your legal rights and obligations.

These Terms of Use ("agreement") is a legal agreement covering the provision of phoonePOS services ("service" or "services") by Phoonepos Technologies Limited ("phoonepos.com" or "phoonePOS" or "us" or "our" or "we") to you as an individual ("you" or "your"). Your use of the services will be governed by this agreement, along with the phoonepos.com privacy policy. Please read this agreement carefully before using phoonepos.com. By using the service, you agree to become bound by the terms and conditions of this agreement.

Your Acceptance of Terms

If you do not agree with any of these Terms of Service please do not use this site, by using this Site you will be deemed to have irrevocably agreed to these terms. Please note that these Terms of Service may be revised and reissued without notice at any time. You should visit this page regularly to review the current Terms of Use, since your continued use of the site will be deemed as irrevocable acceptance of any revisions.

Allowed jurisdictions

Services provided by phoonepos.com might not be legally allowed in certain jurisdictions. By accepting these terms and services you confirm that you are not a resident of a such jurisdiction.

How to contact us

This site is owned and operated by Phoonepos Technologies Limited. You can contact us at any time. Please always feel free to use our Customer Service chatbot or send us any questions, requests or general correspondence by contacting our support. Alternatively, send us an email on phoonepos@gmail.com

Registration and User Account

To access this site or some of the resources it has to offer, you would provide registration details in order to register a user account ("account"). It is a condition of use of this website that all the details you provide will be correct, current, and complete. If we at Phoonepos Technologies Limited/phoonepos.com believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.

You may only act on your own behalf. Your account can not be used to act as an intermediary or broker for any person or entity.

You may only use your own account to transact at phoonepos.com and a merchant/agent may open multiple accounts in different locations at a time for providing Agency banking services in Africa. Users are responsible for maintaining adequate security and control of any and all IDs, passwords, Tokens, Personal Identification Numbers (PINs), Outward Transaction Numbers (OTN), or any other codes that you use to access phoonepos.com. You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself.

Your account must not contain misleading or fraudulent information, including, but not limited to having a non-personal phone number, creating fake reputation information for your account, faking your country of origin or providing fraudulent identification documents.

We may at any time require you to complete our ID verification process and may also require you to submit additional identification documents to phoonePOS if we deem it necessary. Failing to complete ID verification will be considered a violation of this agreement.

We may close, suspend, or limit your access to your account or to other Services we offer, and/or limit access to your registration details for up to 180 days if you violate these Terms of Service or any other agreement you enter into with phoonePOS, or as otherwise specified in these Terms of Use or other agreements you have entered into with phoonePOS. We may also use proprietary fraud and risk modeling when assessing the risk associated with your account, high risk users are deemed to be in violation of this agreement.

If we determine that you have at any previous point in time violated this agreement or any other agreement that you have entered into with us we will immediately close, suspend or limit your account as per the terms outlined in this agreement.

Advertisements and trading

With a registered account you can create Agency Banking advertisements ("advertisement" or "ad" or "ads") to advertise that you are providing Agency banking services. You may initiate transactions ("trades" or "contacts") by contacting advertisements created by other users or wait for users to initiate trades with you by contacting ads created by yourself.

We may hide, remove, or limit your advertisements, if you violate these Terms of Service or any other agreement you enter into with phoonePOS, or as otherwise specified in these Terms of Use or other agreement you have entered into with phoonePOS.

We use proprietary fraud and risk modeling when assessing the risk associated with your account. If we find your account to pose a high risk to phoonePOS or our customers we will consider you in breach of these terms of service and may temporarily limit your account and freeze your account in accordance with these terms of service.

Accounts verified as company

A company may have several active user accounts at any time, provided they are all company verified and operated by an employee of the company. Each company verified account is personal to the employee operating it.

Disputes with trades

If the customer and an Agency Banking merchant are in disagreement over a transaction, either party or phoonePOS may initiate a dispute. Disputed transactions are resolved by phoonepos.com support arbitration panel.

phoonepos.com support resolves disputes by carefully evaluating the roles between both parties, payment evidence, merchant reputation, other data submitted to us by our users and data collected by us as part of the privacy policy.

When merchants turn unresponsive, we will resolve the dispute to the customer if we are confident the merchant has received valid payment from the customer via a successful transaction. If the customer is unresponsive the merchant may dispute the transaction and we will resolve the dispute in favour of the merchant.

Providing fraudulent information or documents in a dispute or making false claims or otherwise trying to force a certain outcome of a disputed transaction is considered a violation of this agreement. If payment details are provided outside of phoonePOS, the dispute may be resolved without taking the payment details into consideration.

Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site.

Response to Customer Enquiries

We undertake to respond to all customer enquiries within one (1) business day.

Trademarks and Copyrights

This site and all materials incorporated by phoonepos.com are protected by copyrights and assigned to Total Infotech & Telecoms Limited (our parent company), or other proprietary copyrights. Some of the logos, concepts, designs, business model or other images incorporated on this site are also protected.

Your Use of Material

Your right to make use of this site and any material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the material or any other content on this site for any purpose not permitted by these Terms of Service may be a violation of the Copyright and is prohibited. You may access and display material and all other content displayed on this site for non-commercial, personal, entertainment. The material and all other content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Phoonepos Technologies Limited.

Disclaimer of Warranties/Liability

Your use of this site is at your own risk. Phoonepos Technologies Limited /phoonepos.com and all the materials, information, software, facilities, services and other content are provided 'As Is' and 'As Available' without warranties of any kind, either expresses or implied. phoonepos.com does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that phoonepos.com or the servers that make them available are free of viruses or other harmful components. phoonepos.com does not warrant or make any such representation.

Limitation of Liability

Phoonepos Technologies Limited/phoonepos.com does not accept any liability for any loss or damage, direct or indirect, resulting from any use of, or inability to use, phoonepos.com or the material, information, software, facilities, services or other content on phoonepos.com, regardless of the basis upon which liability is claimed and even if phoonepos.com has been advised of the possibility of such loss or damage. Without limitation, you (and not phoonepos.com) assume the entire cost of all necessary servicing, repair or correction or correction in the event of any such loss or damage arising.

Submissions, Postings and Emails

phoonepos.com is always interested in hearing from you. It is however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potentially dangerous content. Therefore, please do not send phoonepos.com any unsolicited submissions. From time to time, areas on this site may expressly request submissions of concepts, stories, or other potential content from you. Where this is the case, please carefully read any specific rules or other terms and conditions, which appear elsewhere on this site to govern those submissions, since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Service will apply in full to any submissions you make.

Please act responsibly when using this site. You may only use this site and its contents for lawful purposes and in accordance with applicable laws and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed through the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by phoonepos.com) or privately transmitted on or through this site are the sole responsibility of the sender, not phoonepos.com, and that you are responsible for all material you upload, post or otherwise transmit to or through this site.

We at Phoonepos Technologies Limited require that you do not post emails or submit to or publish or otherwise make available on this site any content, or act in a way, which in our opinion:

1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
2. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
3. infringes any Intellectual Property (IP) or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
4. violates any law or may be considered to violate any law;
5. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
6. advocates or promotes illegal activity;
7. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
8. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
9. solicits funds, advertisers or sponsors
10. includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
11. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
12. copies any other pages or images on this site except with appropriate authority;
13. includes MP3 format files;
14. amounts to a 'pyramid' or similar scheme
15. amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
16. disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this Site; or contains links to other sites that contain the kind of content, which falls within the descriptions above.

System Abuse

Without limitation, you agree not to send, create or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing or messaging for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security

Any passwords used for this site are for individual use only. You shall be responsible for the security of your password. phoonepos.com shall not be entitled to monitor your password. phoonepos.com will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, phoonepos.com reserves the right to release your details to law enforcement agents in order to assist them in resolving the breach, that may lead to a legal prosecution.

Investigations

phoonepos.com reserves the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any submission, posting or e-mails you make or send. phoonepos.com may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. phoonepos.com may suspend any user whose conduct or transactions are under investigation. If phoonepos.com believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel transaction, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. phoonepos.com will fully co-operate with any law enforcement authorities or court order requesting or directing phoonepos.com to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

Service

phoonepos.com reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.

Jurisdictional Issues

Users of phoonepos.com are themselves responsible for making sure they are in compliance with legislation of the jurisdiction they operate in, which is the Federal Republic of Nigeria.

Privacy policy

phoonepos.com is committed to protecting the privacy of its visitors. The policy statement provides our visitors with an overview of the measures we have taken to show our commitment to this policy. Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information, then you can contact our support regarding that.

Personal Information

We collect legal personal data that you volunteer on forms which you submit to us and in emails that you send to us. In addition we automatically gather details of browser types and IP addresses of the users who visit our site. We do not release this information to any outside party, except in suspected fraud cases.

When fraudulent activity is suspected, we may release the users details to the party that the user has been trading with. This is done only if there is strong evidence of fraud.

We also undertake to ensure the security of card holders and not to violate the privacy of cardholders who transact on this service.

The Processing of Personal Data is governed by general principles that Personal Data must be:

a) collected and Processed in accordance with a specific, legitimate and lawful purpose consented to by the Data subject, provided that:

1. a further Processing may be done only for archiving, scientific research, historical research or statistical purposes for public interest; and
2. any person or entity carrying out or purporting to carry out data Processing under the provision of Article 2.1(1) of the Regulation shall not transfer any Personal Data to any person;

b) adequate, accurate and without prejudice to the dignity of the human person;

c) stored only for the period within which it is reasonably needed; and

d) secured against all foreseeable hazards and breaches such as theft, cyberattack, viral attack, dissemination, manipulations of any kind, damage by rain, fire or exposure to other natural elements. 2.2 The NDPR further details those principles as follows: a) Lawfulness of Processing: The NDPR requires that any processing activity of Personal Data shall be justified on 1 (one) of the following legal bases: 5 | P a g e i. consent given by the Data Subject; ii. the performance of a contract entered into by the Data Subject, or to take steps at the request of the Data Subject prior to entering into a contract; iii. compliance with a legal obligation to which the Data Controller is subject; iv. the protection of the vital interests of the Data Subject or another individual; and v. the performance of a task carried out in the public interest or in the exercise of official public mandate vested in the Data Controller. b) Data Minimisation - Data Controllers are required to collect the minimum required Personal Data and avoid collecting Personal Data that is not required for the purpose of Processing or that is not directly related to the stated purpose of collection consented to by the Data Subject should not be collected, except the specific purpose of collection is made known to the Data Subject. c) Accuracy: The NDPR provides that collected and processed Personal Data shall be adequate, accurate and without prejudice to the rights and freedoms of the Data Subject. The NDPR prohibits the abuse or inaccurate representation or use of Personal Data, even if such Personal Data was lawfully obtained. Data Controllers and Administrators are required to simplify the process of Personal Data by the Data Subject in order to achieve the objectives of this principle. d) Storage and Retention Periods: Data Controllers are required to store Personal Data only for the period it is reasonably required to 6 | P a g e so do. Every Data Controller must state and implement data retention schedules and communicate same to the Data Subject or potential clients. e) Confidentiality and Security: A Data Subject’s right to the confidentiality, integrity and availability of his or her Personal Data is sacrosanct with few exceptions or limitations. One of the underpinning principles of the NDPR is that the Data Controller must comply with basic minimum standards of information security management. The Regulation places an onus on all persons who are entrusted with or in possession of Personal Data, including the Data Controller and Data Administrator, to secure Personal Data in their possession. Cross reference Article 2 of the Regulation. f) Rights of the Data Subjects. The Regulation provides a number of rights for the benefit of Data Subjects, including the following: i. the right to be informed of the actual or intended Processing activity; ii. the right to rectify the Personal Data ; iii. the right to object to the Processing of Personal Data; iv. the right to request the deletion of Personal Data; v. the right to request the restriction of the Processing of Personal Data; and vi. the right to request that Personal Data be transferred to another platform or person (natural or artificial). g) Compliance and Enforcement: One of the novelties of the NDPR is its compliance framework. The Regulation creates a newly developed class of professionals - Data Protection Compliance Organisations (‘DPCOs’). A DPCO is any entity duly licensed by the NITDA for the purpose of training, auditing, consulting and rendering services and products for 7 | P a g e the purpose of compliance with the Regulation or any foreign data protection law or regulation having effect in Nigeria (See Article 1.3 (xiii) of the NDPR). 2.2 Application The NDPR applies to.

Correct/Update

You may request that we amend any personal data that we are holding about you which is factually inaccurate. You can contact customer support us stating your wishes.

Chatbot

This web site has a chat bot available to its users. Please remember that any information that is disclosed in these areas become public information and you should exercise caution when deciding to disclose your personal information.

Refund and Cancellation Policy

Once we receive your email at phoonepos@gmail.com for transaction failure and cancellation refund, we will scrutinize and evaluate the transaction. Thereafter, a refund will be initiated.

You will receive the credit within 2 days, depending on the complexity of the transaction. Refunds will be issued to the verified payment on account with us, which was used at the time of the transaction.

Competitions

phoonepos.com may occasionally run competitions and promotions and we will ask visitors for their contact information. Any information that you supply will be held in the strictest confidence and will only be used in conjunction with the competition. In order for visitors to take part in the competitions you must be a member of the phoonePOS Community.

Data Retention Policy

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national and regional laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service and take other actions permitted or required by applicable national laws. Messages and file attachments related to transactions are stored for 180 days after the transaction closes.

Contacting The WebSite

If you have any questions about this Privacy statement, the practices, or your dealing with this web site, please contact us and your enquiry will be dealt with as soon as possible.