AtaraPay | Buy and Sell Anywhere with Zero Risk

Terms of Use

TERMS OF USE

This webpage represents the Terms of Use of our service located at www.atarapay.com and www.atara.ng and the tools we provide you (the "Website", the “Mobile App” or the "Service"). The terms, "we", “us” and "our" as used in this Agreement refer to AtaraPay. The terms “you”, “your” and yourself in this Agreement refer to any natural or legal person who has signed up to use this website as a registered User.

We refer to this Agreement, our Privacy Policy accessible at www.atarapay.com/privacypolicy and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website or use our Mobile App. If you do not wish to be so bound, please do not use or access Website or Mobile App operated by AtaraPay or its partner merchants.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

DEFINITIONS

Alternative Recipient shall mean any individual or corporate entity, connected or related to the Buyer, that receives item(s) purchased by the Buyer at point of delivery using the AtaraPay application.

Buyer shall mean any individual or corporate entity that makes payment into the AtaraPay escrow account using the AtaraPay payment option on Website or Mobile App operated by AtaraPay or its partner merchants.

Maximum Delivery Days shall mean the amount of time in days the Buyer and Seller have agreed (at the time of initiating the Transaction) it will take to deliver the Item to the Buyer or the Buyer’s representative, failing which payment made to escrow by Buyer will be automatically returned to the Buyer.

Maximum Accept/ Reject Days shall mean the amount of time in days the Buyer shall be required to accept or reject the items. When a delivery is made by the Seller, the delivery is completed via the app and notification is sent to the Buyer to accept or reject it within 2 days (48 hours), failing which payment made from escrow will be automatically credited to the Seller.

Dispatcher shall mean any individual or corporate entity, represented by the Seller at point of delivery, that delivers item(s) purchased by the Buyer at point of delivery.

Escrow Account shall mean the bank account where the funds deposited by the Buyer is kept.

Escrow Fees shall mean fees payable by Seller or Buyer to AtaraPay for providing the escrow service. The fees are 1.5% of the total product sum with a minimum value of ₦500 and cap of ₦2,000. For P2P Escrow Transactions, the minimum value is ₦500 while the cap is ₦50,000. Please visit https://www.atarapay.com/pricing for pricing details

Escrow Funds shall mean the funds kept in the Escrow Account.

Transfer Fees shall mean fees payable from the Escrow Account to our Payment Gateway partners for enabling online payment between the bank accounts belonging to AtaraPay and the Users involved in the Transaction. The fee is ₦50 per transfer between AtaraPay’s account and another user’s account. Please visit https://www.atarapay.com/pricing for pricing details.

Item or Items shall mean any merchandise or service that is to be bought or sold on Website or Mobile App operated by AtaraPay or its partner merchants.

Marketplace Operator shall mean an individual or corporate entity that processes Transactions on behalf of an e-Commerce Marketplace that consists of multiple vendors or service providers.

Service Provider shall mean an individual or corporate entity that offers a service on a multi-vendor e-Commerce Marketplace operated by the Marketplace Operator or Seller who charges a commission payable automatically from the escrow.

Partner Merchant shall mean any individual or corporate entity that is seller on www.atara.ng marketplace or integrates AtaraPay’s payment option on their eCommerce portal through Application Programming Interface (API) to AtaraPay’s platform.

Person to Person (P2P) Escrow Transactions shall mean escrow transactions created by Users via the AtaraPay website

eCommerce Escrow Transactions shall mean escrow transactions created by Users via www.atara.ng or our Partner Merchants' websites.

Seller shall mean any individual or corporate entity that sells Items offline or online using Website or Mobile App operated by AtaraPay.

The AtaraPay Application or App or System shall all mean AtaraPay suites of applications comprised of hardware and software.

Transaction shall mean the commencement of the act of buying and selling by the Buyer or Seller using Website or Mobile App operated by AtaraPay or its partner merchants. Transactions are created by User via www.atara.ng, our partner merchants’ ecommerce portal or via AtaraPay’s website.

User shall mean either Buyer, Seller or Marketplace Operator

USSD/ SMS shall mean technology used by Users to create a P2P escrow transaction or Used by Seller, Buyer, Dispatcher and Alternative Recipient to indicate acceptance or rejection of items being delivered at point of delivery.

Walk-In Centres shall mean a physical location where Users can complete Transactions and make payments using cash or POS.

Online Transaction Fees shall mean fees payable by Buyer, Seller or from the Escrow Account to the payment gateway provider for enabling online payment on our platform. The fees for our payment gateways can be found here Monnify and Paystack.

The AtaraPay Service Summary.

The service being offered on this platform is intended to allow Buyers or Sellers initiate Transactions. For each Transaction initiated by a User, the Buyer is required to deposit funds into an Escrow Account which is managed by AtaraPay in partnership with trusted 3rd parties whom are licensed by the Central Bank of Nigeria and the National Insurance Commission. The Seller is thereafter notified of the deposit and the Seller is required to initiate delivery to the Buyer. We are thereafter required to release the Escrow Funds to the Seller once the Buyer accepts delivery.

Obligations of the Buyer.

The Buyer shall be required to either register directly on our website, via any e-Commerce website linked to our Service, via USSD/ SMS or via our Mobile App. The Buyer shall provide, at a minimum, the following information via all channels mentioned above: Contact Name, Mobile Number, Email Address, Password.

If the Buyer initiates a Transaction directly from our website or opts to use AtaraPay as the mode of payment via an ecommerce website, the Buyer is required to deposit Escrow Funds with us which will be kept in the Escrow Account. The Buyer is required to accept or reject the Item at the time of delivery. If the Buyer accepts the item via the app, the AtaraPay System shall notify us of same and thereby authorizes us to transfer the Escrow Funds to the Seller, less Switch and Escrow Fees. If the Buyer does not accept or reject the item via the app within Maximum Acceptance/ Rejection Days defined in this Terms of Use, the AtaraPay System shall notify us of same and thereby authorizes us to transfer the Escrow Funds to the Seller, less Switch and Escrow Fees. If the Buyer rejects the item via the app, the AtaraPay System shall notify us of same and the Seller shall be required to confirm if in possession of the rejected item. If Seller accepts, the Escrow Funds will be refunded to the Buyer, less Switch and Escrow Fees. However, if the Seller rejects, the Escrow Funds will be kept in the Escrow Account until such a time that the matter is resolved between the Buyer and Seller as per our Dispute Resolution Policy in this Terms of Use.

If Seller initiates a P2P Transaction, the Buyer is required to agree to the Escrow terms created by the Seller via their account on the AtaraPay System in order to commence the Transaction and make payment into escrow.

Obligations of the Seller.

The Seller shall be required to register on our website only and provide us with the following information as Individual Sellers: Contact Name, Mobile Number, Email Address and Password. The following additional information are required if seller registers as a Business Seller: Business Name, Business Address, Business Email Address, Year of Incorporation and Certification Incorporation.

Once the Seller is notified that Escrow Funds have been held in the Escrow Account to satisfy a Transaction, Seller is required to initiate delivery using a delivery service that provides confirmation of delivery and Seller shall also provide us with the tracking reference, signature proof of delivery, name of person that received the items, picture of the physical address showing the items with longitude/ latitude and date/ time stamps. If the Seller does not deliver the Item within the Maximum Delivery Days, Seller authorizes us to return the Escrow Funds to the Buyer less our fees. If the Buyer returns the Item to the Seller, the Seller shall notify us of the receipt of the Item via the AtaraPay app. If the Seller informs us of the acceptance of the items via the app at point of delivery, Seller authorizes us to return the Escrow Funds to the Buyer less our fees. If the Seller informs us via the app of the non-acceptance of the Item, the Escrow Funds will thereafter be kept in the Escrow Account until such a time that the matter is resolved between the Buyer and Seller as per our Dispute Resolution Policy in this Terms of Use. IN A BUYER/SELLER TRANSACTION BOTH SELLER AND BUYER MUST AGREE TO THE TRANSACTION BEFORE BUYER MAKES PAYMENT.

If the Buyer initiates a P2P Transaction, the Seller is required to agree to the Escrow terms created by the Buyer via their account on the AtaraPay System before Buyer makes payment.

Obligations of the Marketplace Operator

The Marketplace Operator shall be required to register on our website and provide us with the following information: Contact Name, Mobile Number, Email Address, Password, Business Name, Business Address, Business Email Address, Year of Incorporation and Certification Incorporation.

On successful login to our website, the Marketplace Operator shall ensure that its Sellers’ phone numbers are associated to its account from the dashboard.

Our Responsibilities

We are only obligated to perform those services expressly described in this Agreement and in the Escrow Instructions for a Transaction. In performing our obligations, we will not be liable to any User for theft, damages or losses of any items during the Transaction, or expenses, except those based on gross negligence or willful misconduct on our part. We will not incur any liability for (i) any act or failure to act made or omitted in good faith or (ii) any action taken or omitted in reliance on any instrument, including any written statement or affidavit provided for in this Agreement that we in good faith believe to be genuine, nor will we be liable or responsible for forgeries, fraud, impersonations, or determining the scope of any representative authority, provided that we believed, in good faith, that such forgeries, fraud, or impersonations were genuine and acted without gross negligence or willful misconduct. We may consult with legal counsel in connection with our duties under this Agreement and will be fully protected in any act taken, suffered, or permitted by it in good faith and in accordance with the advice of counsel. We are not responsible for determining and verifying the authority of any person acting or purporting to act on behalf of any party to a Transaction, including a User’s financial institution.

Accounts and Registration.

To access some features of our Website, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, phone number, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via email at support@atarapay.com. We will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Prohibited Transactions.

Users shall not use the Services for any illegal purposes whatsoever.

License and Site Access.

AtaraPay grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AtaraPay. This license does not include any resale or commercial use of this website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AtaraPay. You agree not to bypass any security or other features of this website designed to control the manner in which the website is used, harvest or mine content from the website, or otherwise access or use the website in a manner inconsistent with individual human use. You agree not to decipher, reverse engineer, decompile or disassemble the website, or the software used to provide the website, in whole or in part, or authorize, direct, or cause a third party to do so. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AtaraPay and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing AtaraPay’s name or trademarks without the express written consent of AtaraPay. Any unauthorized use terminates the permission or license granted by AtaraPay. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of AtaraPay so long as the link does not portray AtaraPay, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AtaraPay’s logo or other proprietary graphic or trademark as part of the link without express written permission.

Limitations and changes to Service.

We may change the form and functionality of our service from time to time without giving you prior notice. We retain the right to create limits on and related to use of our website at our sole discretion at any time with or without notice. We may also impose limits on certain services or aspects of those services or restrict your access to parts or all of the services without notice or liability. We may change, suspend, or discontinue any or all of the services at any time, including the availability of any product, feature, database.

Fees

We charge fees and expenses for services provided in connection with all Transactions on Website or Mobile App operated by AtaraPay or its partner merchants. These fees include, without limitation, third-party service fees that may include, Payment Gateway Transaction Fees, Transfer Fees and Cash Handling Fees.

You agree that we reserve the right to change our fees from time to time. Any changes will be communicated to you in advance with respect to fees or charges related to your account. We will however not change the fees or charges related to a specific Transaction.

Payment Methods.

We accept all major payment methods, which include cash, debit/credit cards, bank transfer, mobile payments and USSD (Payment Method). If you provide a debit/credit card or other payment method accepted by us in connection with a Transaction, you expressly agree that we are authorized to charge you the fee corresponding to the terms of your Transaction, any other fees for additional services that you purchase, and any applicable taxes in connection with your use of the Services.

Issues with a Transaction.

If we are unable to complete a Transaction for any reason, the Seller or Buyer is required to cancel the transaction from the dashboard to prevent refund or payout due to non-response. If you are unable to cancel from your dashboard, please contact us via email at support@atarapay.com to assist with this cancellation at least 48 hours before the Maximum Delivery Days or Maximum Accept/ Reject Days expire. We will notify all Users participating in the Transaction of such cancellation by sending an email to the email address provided by each User.

Rejection of Payment.

You acknowledge and agree that your agreement with your financial institution or applicable laws may limit your ability to transmit or receive funds in the amount or time limits required for a Transaction. Accordingly, we are not responsible for delays in delivery or payments for Transactions due to post times, banking service times, transmission errors, or errors in information provided by you or other Users.

Electronic Communications.

When you visit our website, use our Mobile App including USSD/ SMS or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.

Confidential Information.

Confidential Information shall include any and all information in whatever form whether disclosed orally or in writing or whether eye readable, machine readable that is shared between the Users of Website or Mobile App operated by AtaraPay or its partner merchants. You agree to maintain Confidential Information in strict confidence, not to divulge the Confidential Information to any third party and in addition not to communicate, indicate or suggest to any third party the existence of the Confidential Information.

Intellectual Property Ownership.

Our website, and the media and materials contained on our website, including all intellectual property rights in the Website, are the sole and exclusive property of AtaraPay.

Copyright.

All content included on our website such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software is the property of AtaraPay or its content suppliers and protected by Copyright Laws. The compilation of all content on this website is the exclusive property of AtaraPay.

Privacy.

Please review our Privacy Policy which also governs the use of the Platform.

Dispute Resolution

In the event of any dispute, claim, question, disagreement or breach arising from or relating to a Transaction, Buyer or Seller (the parties) hereby agree to raise the dispute on the AtaraPay portal.

AtaraPay Dispute Managers will mediate with the purpose of reaching an amicable resolution (Mediation Period). If no resolution is reached within three (3) days of the Mediation Period, the Parties are required to reach an amicable settlement by themselves (Negotiation Period). If the Parties have not resolved the dispute within 14 days from the end of the Negotiation Period, then the matter shall be resolved through Arbitration in accordance with the Arbitration and Conciliation Act (CAP A18 Laws of the Federation of Nigeria 2004) by a single arbitrator appointed in accordance with the said Act. The Arbitration award shall be final and binding upon the parties and judgment upon the award tendered may be entered in any court having jurisdiction. The Arbitration shall hold in Lagos State, Nigeria.

If AtaraPay does not receive proof that the dispute has gone to Arbitration 14 days after the Negotiation Period, AtaraPay is authorised to release the funds from the Escrow account to the Buyer less Escrow, Inter-bank and Online Transaction fees.

Indemnification.

The parties to each transaction hereby agree, jointly and severally, to indemnify and hold us harmless against any and all third-party thefts, losses, claims, damages and liabilities, including reasonable costs of investigation, attorneys’ fees, and disbursements that may be imposed on us or incurred by us in connection with the performance of our duties under this agreement, including, but not limited to, any litigation arising from this agreement or involving its subject matter, unless such loss, liability, claim or expense shall have been determined by an arbitrator or a court of competent jurisdiction to be a result of our gross negligence or willful misconduct.

Links to Third Parties..

Our website may contain links to websites maintained by third parties. Please be aware that these links are provided for your convenience and reference only. We do no operate or control in any respect any information, software, product or services available on such websites. The inclusion of a link to a third-party website does not in any way imply an endorsement of the services or of that website, its contents, or its sponsoring organization.

Waiver.

The waiver by either you or AtaraPay of any breach of any provision of this Agreement does not waive any other breach. The failure of any party to this Agreement to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.

Severability..

If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under this Agreement is found to be illegal, unenforceable, or invalid, the license will immediately terminate.

Disclaimer...

Your access to and use of the Services or our website is at your own sole risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, AtaraPay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no representations or warranties of any kind with respect to the Website or the Services, including any representation or warranty that the use of the Services or the Website will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data; meet your requirements or expectations; be free from errors or that defects will be corrected, or; be free of viruses or other harmful components. We also make no representations or warranties of any kind with respect to any Items sold or disposed of using our Services; diligence on any other User or any Property is solely your responsibility. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein. We are not responsible for any representations, warranties, or guaranties made by any other User of our Website or the Services. In no event will we be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third-party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service, any payment or clearing house system, or for any circumstances beyond our control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).

Choice of Law.

Any disputes arising out of or related to the use of Website or Mobile App operated by AtaraPay or its partner merchants shall be governed by the Laws of Federal Republic of Nigeria without regard to conflict of law rules.

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