Terms & Condition

Version 00.0 | October 08,2024

Introduction

These terms and conditions will serve as a basis of your banking relationship with Pava Technologies Ltd (“Pava”). By choosing to creating an account with us, you agree to the terms and conditions contained herein You also agree to comply with the following policies which also apply to your use of our services and incorporated by reference into these terms and conditions:

(a)privacy policy; (b) Cookies Policy;

If you do not agree to these terms and conditions, please do not proceed and exit the mobile application or the Pava website immediately and do not proceed with the account opening steps. Also, please be informed that we reserve the right to terminate your relationship with us if we believe that you have violated any of these terms.

The Objective Of Our Relationship With You.

The objective of establishing a relationship with Pava is to receive special services on offer by Pava for its customers. Pava will create and manage an account for the customer, as well as provide certain financial services including but not limited to virtual card, the granting of credit facilities, bill payments and any other service we are permitted by law to provide.

You can operate and manage your account via the Pava App and the prerequisite for Creating an account is a smartphone, with an active email address and phone number, that meets our minimum technology requirements for operating system (iOS/Android) and supports the latest version of our Pava app.

What is the scope of the relationship between Pava & the customer?

Creating an Account You can access the financial services we provide, subject to your fulfillment of our on-boarding and Know-Your-Customer (KYC) checks in line with applicable laws. For a start, you must be at least 18 years old, a Nigerian citizen, meet our technology requirements defined above and have not yet opened an account with us.

We do not knowingly engage with people who don’t meet these conditions. Please note that these requirements may be updated or reviewed from time to time in line with applicable laws and our internal processes.

When you choose to create an account with us you agree to us using your information to make and receive payments on your behalf through your Pava account. If you would like us to stop doing this, we would have to close your account.

Personal Information

In line with regulations, we perform due diligence on all accounts so it is your responsibility to ensure that all information and documents you provide to us are up-to-date on your profile at all times.

To enable us to comply with our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) obligations, we may require you to provide any or all the following:

(a) your full name;

(b) your phone number,

(c) a valid email address;

(d) your date of birth;

(e) your Bank Verification Number (“BVN”);

(f) your current residential address;

(g) your picture;

(h) copy of a valid Government issued ID (national ID, international passport, permanent voter’s card or driver’s license);

(I) a copy of a recent utility bill or such other bills not older than three months of our request, which carries your name and the residential address you have provided.

You may also be required to provide us with one more document as we may require for our internal risk assessment.

You undertake that all information and documents which you present to us are true, accurate and up to date. If, at any point during the term of the Agreement, any of the information and documents presented to us should change or you identify that they were false, inaccurate and / or incorrect in any form, then you shall promptly present us with the respective updated information and documents.

To verify the accuracy and authenticity of the information and documents you provide to us, we will need to share them them with third parties (including government agencies). You hereby agree and authorise Pava to verify information provided by you against the information held by any third party (including official databases).

You also agree and authorise Pava to obtain and procure your personal information and documents from relevant sources (private and official databases) and you further agree and consent to the disclosure and provision of such personal information by us or our third party partners.

Transactions on your Pava Account

You can conclude financial transactions (bank transfers, bill payments etc.) on the Pava App by logging onto the Pava App and following the on-screen instructions. You will need to enter the correct information with respect to every transaction you wish to undertake (counterparty bank account details, receiving payee for a bill information etc.).

Third-party offer the 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 Pava is not responsible or liable for the Products you purchase from Merchants.

Your privacy is important to us

Pava takes the matters of protection and security of its users’ information very seriously. Pava’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 under Pava’s Privacy Policy. The Privacy Policy addresses only the personal information processed by Pava 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.

Fees

We charge fees for certain services and these fees vary based on the services. Our fees are charged in line with applicable laws and in line with our company ethos, we try to keep fees to a minimum. We are committed to being transparent and will disclose all applicable fees before you finalise a transaction.

Prohibited Transactions

In addition to all transactions that are ordinarily prohibited by Nigerian law and activities not expressly permitted under these terms and conditions or any other terms we provide to you in connection with any services we provide, you are expressly prohibited from using your account to carry out transactions relating to any of the following:

(a) fraud, money laundering and terrorism financing;

(b) any goods or services that are dangerous, violent, or present an unreasonable risk to consumer safety (e.g., firearms, weapons, explosives, ammunition, and related accessories.)

(g) any activities we notify you are prohibited.

If you use or attempt to use your account for any Prohibited Transactions or such other unlawful purposes, we reserve the right, without liability to:

(i) - restrict your account;

(ii)- refuse to process the transaction;

(iii)- report the transaction to the relevant regulator or law enforcement agency; and

(iv)- take any other lawful step in accordance with our regulatory obligations.

Keeping Your Account Safe

You must take all reasonable precautions to keep any security information relevant to your Pava Account safe and to prevent the fraudulent use of them. You must use reasonable endeavors to prevent any unauthorised access to, or use of, your Pava Account and should notify us immediately by email at support@joinpava.com of any such unauthorised access or use, or any suspicion of access or use.

Your login details for your Pava Account should not be disclosed to anybody or kept in written form to prevent fraud and misuse of it. We also recommend that obvious passwords, such as your name or the passcode, PIN “password”, should not be used.

Additionally, You should also:

(a) take care to ensure that no one hears or sees your login details when you use it;

(b) not disclose your full login details or password to anyone, including the police and us;

(c) never write your password down, nor keep a record of it;

(d) comply with all reasonable instructions we issue regarding keeping your login details and password;

(e) change your login details and / or password immediately and telling us as soon as possible if you know, or even suspect, that someone else knows any of those details, or if we ask you to;

f) keep any computer / device you use to access the Pava App secure and use up to date virus checking software and personal firewall software;

(g) never access the Pava App from any shared device (or any public internet access device or access point) or any device connected to a local area network;

(h) make sure you always log out of the Pava App, and never leaving your device unattended when you are logged in.

If your Account login details are lost or stolen, or if you suspect that someone else knows your login details or your verified mobile phone and / or e-mail are compromised, you must contact us by email at support@joinpava.com without undue delay. Pava shall not be liable for any loss you suffer as a result of any unauthorised transactions carried out in respect of your Pava Account by a third party that obtains your log-in or other personal details, as a result of your negligence.

Restrictions on the use of Pava’s Services

We may withhold, delay, freeze or place such restrictions as we consider appropriate on any or all funds representing proceeds of payments relating to your account and/or withhold any payments due to you under this Agreement, if, in our judgment you are, or may be engaged in fraudulent or suspicious activity, and/or there is a risk that you will unwilling or unable to meet your contractual obligations under this Agreement.

In addition, we shall be entitled to take any further action we reasonably consider necessary for security reasons in order to combat the risk of fraudulent or suspicious activity, including but not limited to:

(a) suspending or terminating the provision of Services to you;

(b) refusing or rejecting instructions you provide in relation to the Services;

(c) suspending or stopping payments to you; and

(d) introducing additional authorisation procedures.

Provided we are permitted to do so under applicable law, we will give you notice of any suspension or restriction and the reasons for taking such action. If not permitted, we may notify you in writing of any action taken as soon as practicable after it has been taken, subject to applicable aw. Any suspension or restriction will be lifted as soon as reasonably practicable after the reasons for the action have ceased to exist.

Customer Warranties:

You hereby represent and warrant that:

(a) you are using the Services for your personal benefit and are not accessing them for or on behalf of another person;

(b) you have, and shall continue to have, the full right, power and authority to enter into and carry out your obligations under this agreement, and the provision of the Services will not result in a breach of any agreement to which you are bound; and

(c) you shall keep the details of your Pava Account safe and secure at all times from unlawful third party access and shall not compromise their security by sharing it over public channels, clicking of phishing or suspicious links or disclosing it to third parties.

Closing Your Account

You can close your Pava Account at any time and at no cost. If you’d like to do this, please get in touch with us. You will, however, remain liable for any obligations that are outstanding related to your Pava Account. These may include, any fees or charges that are due or if you have accessed any loans or an overdraft, the balance relating to the relevant credit facility. Once the account is closed, you will not be able to access any Pava services.

We reserve the right to close, suspend, freeze or limit access to your account or institute an action against you, if:

(a) - the information we obtain from you does not comply with regulatory requirements;

(b) - you do not comply with, or are in breach of, the terms and conditions contained herein;

(c) - you pose or create risk or possible legal exposure to us;

(d) - we are required to do so by law;

(e) - we suspect that your account is being used for illegal or criminal activities and it is suspected, further to a money trail, that your account has received or harbors any proceeds of crime; or

(f) - there is a report of, or our investigations reveal that you have engaged in, fraudulent or suspicious activity with your Pava account.

Please note that the list above is not exhaustive. If a fraudulent activity is associated with the operation of your account, you agree that we have the right to apply restrictions to your account and report to appropriate law enforcement agencies. Where possible, Pava will provide you with the relevant information regarding the actions imposed on or taken in relation to your account, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.

Data Protection

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy and protecting your data, as well as our use and disclosure of your information.

By creating this account, you consent to us processing your personal information:

. to provide products and services to you in terms of this agreement and any other products and services for which you may apply;

.to carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);

.in countries outside Nigeria where the products or services are being used and where such countries do not have the same data protection laws as applicable in Nigeria, we will, where possible, ask the receiving party to agree to our privacy policies.

By creating this account, you also consent to us sharing your personal information with entities within the Pava Group all in connection with the provision of financial services to you and related lawful purposes, as the need arises.

Marketing and Promotion

We may also use your personal or other information to share information with you on new products and services that may be of interest to you. By creating an account with us, you consent to us sending you updates about Pava products. You can unsubscribe from our newsletters at any time using the opt-out link provided for this purpose in each newsletter we send.

Notifications

By creating an account with us, you consent to receiving text (SMS), emails and push notifications from us. These notifications are meant for your consumption only and we will not be held liable if you suffer any loss, or damage as a result of unauthorised access to the information sent. In addition, by opening this account, you agree to opt out of mandatory SMS alerts directed by the CBN in favor of push notifications. You agree to indemnify Pava against all losses, damages, claims, demands and expenses whatsoever which may be incurred, imposed or suffered by the Bank as well as against all actions, proceedings or claims (including attorney's fees) whether civil or criminal, which may be brought against Pava by reason of such notifications. All notices / communications made in respect of these terms and conditions, and any provided under it by us, will be in English. We may provide you with notices/communications in connection with the services provided to you via:

(a) the Pava App – when you login to the Pava App;

(b) e-mail – to the most recent e-mail address you provided to us.

You undertake that the contact details provided to us are up to date and that you can be reached using these contact details. If the contact details should change, then you shall without delay provide us with your updated contact details.

Notices sent to you by us are deemed to have been received by you when:

(a) sent by e-mail – on the Business Day it is sent;

(b) the Pava App - on the business day it is viewed (and where necessary accepted) through the Pava App.

Intellectual Property

The Pava’s Website (and any other website operated by us) may feature third party offers and enable product searches. We do not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on any such website is accurate, complete, reliable, or current. This information is provided for informational purposes only and does not constitute an endorsement by us of any product, service, or vendor.

Joinpava.com, Pava and all related logos, products, and services described on any other operated by Pava (including the Website) and any mobile application operated by Pava (including the App) are either trademarks or registered trademarks of Pava Technologies Ltd or its affiliates or licensors. You may not copy, imitate, or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademark. You may not copy, imitate, or use them without our prior written consent. All right, title, and interest in and to any website operated by Pava and any content thereon is the exclusive property of Pava and its licensors. Certain other product or service names, brand names and company names may be trademarks of their respective owners.

Language and communication

English will be the primary language of our communication to you. We may use emojis or colloquialisms, but we will always communicate in English.

If you have any questions about your relationship with Pava, you can contact us via email using the details below or at any of our other channels (in app messages or our verified social media handles): Email: Support@joinpava.com.

Applicable Law and Dispute Resolution

These terms and conditions will be governed by the laws of the Federal Republic of Nigeria and the courts of Nigeria will have exclusive jurisdiction over any claim, dispute or matter related thereto. Notwithstanding the above, the Parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this agreement.