Please read these terms and conditions carefully before using the omnipay service with a mobile device or by any other means. By accessing, viewing, or using the omnipay service you agree to be bound by the terms and conditions stated herein. The use of the omnipay wallet shall be subject to the terms set out in the omniretail's policies and terms and is non-transferable. if the customer/retailer qualify for and satisfy the then-current omniretail policies for the technology programs and comply with this agreement, then he/she may be granted access to the use of the wallet.
These terms and conditions are subject to change and any changes will be incorporated into these terms and conditions from time to time.
If you do not agree with these terms and conditions, please do not access, view or use the omnipay service by mobile device or by any other means.
The customer/retailer is responsible for maintaining the confidentiality of the logins and account information of the omnipay wallet provided by omniretail including transaction pin. the customer/retailer is responsible for all activities that occur under the logins or accounts to the wallet provided by omniretail or as a result of the customer/retailer's access to the omnipay wallet.
omni retail may suspend the customer/retailer's access to use of the wallet and its ancillary services if we believe (a) there is a significant threat to the functionality, security, integrity, or availability of the omnipay wallet services or any content, data, or applications in the omnipay wallet; (b) the customer/retailer is accessing or using the omnipay wallet services to commit an illegal act; or (c) there is a violation of the policy. When reasonably practicable and lawfully permitted, omniretail will provide the customer/retailer with advance notice of any such suspension. omniretail will use reasonable efforts to re-establish the omnipay wallet services promptly after omniretail determine that the issue causing the suspension has been resolved.
omniretail does not warrant that the omnipay wallet services will perform error-free or uninterrupted or that omnipay will correct all program or cloud services errors. omniretail does not warrant that the omnipay wallet services will meet all requirements or expectations. omniretail is not responsible for any issues related to the performance, operation, or security of the omnipay wallet services that arise from partner content or third-party content or services provided by third parties.
acceptable use policy
by accessing or using omnipay you agree to comply with the terms and conditions of this acceptable use policy.
restricted activities
you may not use omnipay wallet in connection with any product, service, transaction or activity that:
- violates any law or government regulation, or promotes or facilitates such by third parties;
- violates any rule or regulation of visa, mastercard, verve or any other electronic funds transfer network (each, a “card network”);
- is fraudulent, deceptive, unfair or predatory;
- causes or threatens reputational damage to us or any card network;
- involves any of the business categories listed in clause 2; or
- results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.
certain business categories
you may not use omnipay connection with any product, service, transaction or activity that:
- falls within the prohibition list of the nigerian customs administration of the federal republic of Nigeria or any extant laws in any relevant jurisdiction
- relates to the sale and/or purchase of:
- 1. banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety;
- 2. blood, bodily fluids or body parts;
- 3. burglary tools;
- 4. counterfeit items;
- 5. illegal drugs and drug paraphernalia;
- 6. fireworks, destructive devices and explosives;
- 7. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
- 8. lottery tickets, sweepstakes entries or slot machines without the required license;
- 9. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- 10. chemicals;
- 11. recalled items;
- 12. prohibited services;
- 13. unlicensed financial services, stocks or other securities;
- 14. stolen property;
- 15. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- 16. sales of currency without bdc license, cryptocurrency operators;
- 17. obscene material or pornography;
- 18. certain sexually oriented materials or services;
- 19. certain firearms, firearm parts or accessories, ammunition, weapons or knives;
- 20. any product or service that is illegal or marketed or sold in such a way as to create liability to omnipay; or
- 21. production of military and paramilitary wears and accoutrement, including those of the police and the customs, immigration and prison services.
- · relate to transactions that:
- 22. show the personal information of third parties in violation of applicable law;
- 23. support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
- 24. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
- 25. pertain to ammunitions and arms; and
- 26. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from omnipay and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
actions by omnipay
if, in our sole discretion, we believe that you may have engaged in any violation of this acceptable use policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to omnipay and any impacted third parties and to ensure compliance with this acceptable use policy. such actions may include, without limitation:
- · blocking the settlement or completion of one or more payments;
- · suspending, restricting or terminating your access to and use of the omnipay services;
- · terminating our business relationship with you, including termination without liability to omnipay of any payment service agreement between you and omnipay;
- · taking legal action against you;
- · contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or card networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
- · assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
updates, modifications & amendments
we may need to update, modify or amend our acceptable use policy at any time. we reserve the right to make changes to this acceptable use policy.
we advise that you check this page often, referring to the date of the last modification on the page.
terms of use
by using this app, any of our websites and/or services, you agree to these terms of use. the website privacy policy, acceptable use policy and merchant terms of service (where applicable) are incorporated by reference into these terms of use.
about us
omnipay (“we”, “us” or “our”) is an embedded payment aggregator that makes it easy for merchants to receive digital payments online users or customers in collaboration with our partners thereby optimizing reconciliation.
we are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. we do not have control or assume the liability or legality for the products or services that are paid for with our service. we do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.
this terms of use is an agreement between you and omniretail. it details omniretail obligations to you. it also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this agreement through your use of this website or any of our services.
this terms of use is an agreement between you and omniretail. it details omniretail obligations to you. it also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this agreement through your use of this website or any of our services.
privacy policy
omniretail is committed to managing your personal information in line with global industry best practices. you can read our privacy policy to understand how we use your information and the steps we take to protect your information.
age restriction
our website and services are not directed to children under 18. we do not knowingly transact or provide any services to children under 18.
disputes & reversal
if you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us take action to help prevent financial loss.
all claims against us related to payments should be made within 45 (forty-five) days after the date of such payment. it will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.
if you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. our only involvement with regard to such transaction is as a payment intermediary.
we may intervene in disputes between users and merchants concerning payments but have no obligation to do so.
your transaction id and/or transaction details will be required to resolve all disputes
acceptable use policy
you are independently responsible for complying with all applicable laws related to your use of our website and services. however, by accessing or using omnipay, you agree to comply with the terms and conditions of our acceptable use policy which you can read on our acceptable use policy page.
disclaimers
we try to keep omniretail available at all times, bug-free and safe, however, you use it at your own risk.
our website and services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). without limiting the generality of the foregoing, paystack makes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error free. no advice or information, whether oral or written, obtained by you through our website or from paystack, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "paystack parties") shall create any warranty.
limitation of liability
in no event will omnipay or its Agents/representative parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of the fees that have accrued to omnipay from transactions with you emanating by virtue of this Agreement after the month immediately preceding the date the first of such claim arises (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with paystack’s website or services (including, without limitation, use, inability to use, or the results of use of paystack’s websites or services), whether such damages are based on warranty, contract, tort, statute, or any other legal theory.
No liability shall be raised against Omnipay or its affilated companies more than one(1) year after the accrual of the cause of such liability
exclusions
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. accordingly, some of the above disclaimers and limitations of liability may not apply to you. to the extent that any omnipay party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the omniretail party's liability shall be the minimum permitted under such applicable law.
updates, modifications & amendments
we may need to update, modify or amend our terms of use as our technology evolves. we reserve the right to make changes to this terms of use at any time by giving notice to users on this page.
we advise that you check this page often, referring to the date of the last modification on the page if a user objects to any of the changes to the terms of use, the user must cease using our website and/or services immediately.
applicable law
these terms of use shall be interpreted and governed by the laws currently in force in the federal republic of nigeria.
legal disputes
we shall make an effort to settle all disputes amicably. any dispute arising out of this terms of use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a
single arbitrator at the lagos multi-door courthouse (“lmdc”) and governed by the arbitration and conciliation act, cap a10, laws of the federal republic of nigeria. the arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the lmdc. the findings of the arbitrator and subsequent award shall be binding on both of us. each of us shall bear our respective costs in connection with the arbitration. venue for the arbitration shall be lagos, nigeria.
severability
if any portion of these terms of use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these terms of use and shall not affect the validity or enforceability of any other part in this terms of use.
terms of service
by signing up for an account on this app, any of our websites and/or services, you are deemed a merchant and agree to these merchant terms of service (the “agreement”).
please read these merchant terms of service carefully before signing up as a merchant. if you do not agree to any or all of these terms of service, do not use this site!
about us
omnipay (“we”, “us” or “our”) is an embedded payment aggregator that makes it easy for merchants (retailers) to accept digital payments from users or customers thereby optimizing reconciliation.
we are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. we do not endorse, have control or assume the liability or legality for the products or services that are paid for with our service. we do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.
agreement
these merchant terms of service is an agreement between you and omnipay. it details omnipay’s obligations to you. it also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this agreement through your use of this website or any of our services.
registration
to use omnipay, you have to create a omnipay account by registering. to register, you will provide us with certain information such as your business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. you give us permission to do all these. merchants get access to multiple virtual account numbers on registration.s
change of information
in the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within 14 days of such change. we may be unable to respond to you especially if you contact us from an , telephone number or email account that is not registered with us
representation and warranties address
you represent and warrant to omnipay that:
- 1. you have full power and authority to enter into, execute, deliver and perform this agreement;
- 2. you are duly organized, authorized and in good standing under the laws of the federal republic of nigeria or any state, region or country of your organization and are duly authorized to do business in all other states, regions or countries in which your business operates.
age restriction
our app and services are not directed to children under 18. we do not knowingly transact or provide any services to children under 18.
account security
you agree not to allow anyone else to have or use your pin or password details and to comply with all reasonable instructions we may issue regarding account access and security. in the event you share your pin or password details, omnipay will not be liable to you for losses or damages. you will also take all reasonable steps to protect the security of the personal electronic device through which you access omnipay services (including, without limitation, using pin and/or password protected personally configured device functionality to access omnipay services and not sharing your device with other people).
Data compliance
You agree to comply with all data privacy and security requirements under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and disclosure of user information.
We are responsible for the security and protection of customer data we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that customer details are kept safe and secure on our servers, in compliance with all necessary regulatory requirement. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.
we acknowledge that you own all your customers’ data. you hereby grant omnipay a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:
- 1. providing and improving our services in collaboration with our Partners;
- 2. internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data;
- 3. complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and
- 4. any other purpose for which consent has been provided by your customer.
software license
we hereby grant you a revocable, non-exclusive, non-transferable license to use omnipay apis, developer’s toolkit, and other software applications (the “software”) in accordance with the documentation accompanying the software. this license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the omniretail services. if you do not comply with the documentation and any other requirements provided by omniretail, then you will be liable for all resulting damages suffered by you, omnipay and third parties. unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software. upon expiration or termination of this agreement, you will immediately cease all use of any software.
intellectual property
we do not grant any right or license to any omniretail intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this agreement.
each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.
publicity
you hereby grant omniretail permissions to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. such publicity does not imply an endorsement for your products and services.
confidential information
The parties acknowledge that in the performance of their duties under this agreement, Omnipay may communicate to the you certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “confidential information”) all of which are confidential and proprietary to, and trade secrets of Omnipay. confidential information does not include information that: (i) is public knowledge at the time of disclosure by Omnipay; (ii) becomes public knowledge or known to you after disclosure by the Omnipay other than by breach of the obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by you prior to disclosure by Omnipay other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the you.
As a condition to the receipt of the confidential information from Omnipay, you shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s confidential information; (ii) not use the Omnipay’s confidential information in any fashion except to perform its duties under this agreement or with the Omnipay’s express prior written consent; (iii) disclose Omnipay’s confidential information, in whole or in part, only to employees and agents who need to have access thereto for your internal business purposes; (iv) take all necessary steps to ensure that your employees and agents are informed of and comply with the confidentiality restrictions contained in this agreement; and (v) take all necessary precautions to protect the confidentiality of the confidential information received hereunder and exercise at least the same degree of care in safeguarding the confidential information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.
know your customer
you agree that, you are solely responsible for verifying the identities of your customers, ensuring that they are authorized to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.
you are also required to maintain information and proof of service or product delivery to your customer. where a dispute occurs needing resolution, you may be required to provide omniretail with these.
payouts
subject to the terms of this agreement, omnipay will send to your designated bank or card settlement account (“bank account”) all amounts settled and due to you from your transactions, minus our fees as stated in the fee schedule, any reversals, invalidated payments, chargebacks, refunds or other amounts that you owe to omnipay under this agreement (“payout”). if the payout is not sufficient to cover the amounts due, you agree that we may debit your bank account for the applicable amounts, and/or set-off the applicable amounts against future payouts. upon our request, you agree to provide us with all necessary bank account and related information and grant us permission to debit amounts due from your bank account.
after transfer of funds is initiated to your bank account, we will update information on your omnipay dashboard to reflect settlement. information regarding your transactions that are processed and settled using omnipay (“transaction history”) will be available to you when you login to your omnipay dashboard. while we will provide transaction history in your omnipay dashboard, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your omnipay account as may be required for your business. omnipay is not responsible for maintaining transaction history or other records in a manner consistent with your record retention obligations.
payout schedule
your payout schedule, which is the time it takes us to initiate a transfer to your bank account settled funds from card transactions processed through us is on your omnipay dashboard. we reserve the right to change your payout schedule, suspend payouts to your bank account or initiate a reversal should we deem it necessary due to pending disputes, excessive or anticipated excessive chargebacks or refunds, or other suspicious activity associated with your use of omnipay, or if required by law or court order.
how we handle your funds
you authorize and instruct omniretail to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the card networks. By accepting this agreement, you further authorize omniretail on how your card transaction settlement funds should be disbursed to you as payouts and the timing of such payouts.
you agree that you are not entitled to any interest or other compensation associated with the settlement funds held by omnipay pending settlement and payout to your bank account.
settlement funds will be held in a deposit account at omnipay pending payouts to you in accordance with the terms of this contract. we may periodically make available to you information about pending settlements yet to be received from the card networks.
your authorizations will remain valid and be of full effect until your omnipay account is closed or terminated.
security and fraud controls
omnipay is responsible for protecting the security of payment data including chd in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. although, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. we will however take all reasonable and commercially achievable measures to address any security breach as soon as we become aware.
you agree to use other procedures and controls provided by us and other measures that are appropriate for your business to reduce the risk of fraud.
in the event that you suspect any fraudulent activity by a customer, you agree to notify omnipay immediately and quit the delivery of the service. in addition, where we suspect that there have been frequent fraudulent transactions on your account, we reserve the right to cancel our service to you and/or your account
notification of errors
you agree to notify us immediately any error is detected while reconciling transactions that have occurred using omnipay. we will investigate and rectify the errors where verified. in the event that we notice any errors, we will also investigate and rectify such errors.
where we owe you money as a result of such errors, we will refund the amounts owed to you by a bank transfer to your bank account.
if a transaction is erroneously processed through your platform, report to us immediately. we will investigate any such reports and attempt to rectify the errors by crediting or debiting your bank account as appropriate.
failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to amounts that are owed to you due to an error.
chargebacks
a chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their bill. it may result in the reversal of a transaction. you may be assessed chargebacks for (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with card network rules or the terms of this agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the card network, our processor, or the acquiring or issuing banks. where a chargeback occurs, you are immediately liable for all claims, expenses, fines and liability we incur arising out of that chargeback and agree that we may recover these amounts by debiting your bank account. where these amounts are not recoverable through your bank account, you agree to pay all such amounts through any other means
reserves
in our sole discretion, we may place a reserve on a portion of your payouts by holding for a certain period such portion where we believe there is a high level of risk associated with your business. if we take such steps, we may provide you with the terms of the reserve which may include the percentage of your payouts to be held back, period of time and any other such restrictions that omnipay may deem necessary. where such terms are changed, we will notify you. you agree that you will remain liable for all obligations related to your transactions even after the release of any reserve. in addition, we may require you to keep your bank account available for any open settlements, chargebacks and other adjustments.
To secure your performance of this agreement, you grant omnipay a legal claim to the funds held in the reserve as a lien or security interest for amounts payable by you.
refunds
you agree that you are solely responsible for accepting and processing returns of your products and services. we are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services. you agree to submit all refunds for returns of your products and services that were paid for through omnipay to your customers in accordance with this agreement and relevant card network rules.
termination
you may terminate this agreement by closing your omnipay account.
we may suspend your omnipay account and your access to omnipay services and any funds, or terminate this agreement, if;
- 5. you do not comply with any of the provisions of this agreement;
- 6. we are required to do so by a law;
- 7. we are directed by a card network or issuing financial institution; or
- 8. where a suspicious or fraudulent transaction occurs
restricted activities & acceptable use policy
you are independently responsible for complying with all applicable laws related to your use of our website and services. however, by accessing or using Omnipay, you agree to comply with the terms and conditions of our acceptable use policy and are restricted from the activities specified in it which you can read on our acceptable use policy page.
privacy policy
omnipay is committed to managing your personal information in line with global industry best practices. you can read our privacy policy to understand how we use your information and the steps we take to protect your information.
disclaimers
we try to keep omnipay available at all times, bug-free and safe, however, you use it at your own risk.
our website and services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). without limiting the generality of the foregoing, omnipaymakes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error free. no advice or information, whether oral or written, obtained by you through our website or from omnipay, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "paystack parties") shall create any warranty.
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exclusions
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. accordingly, some of the above disclaimers and limitations of liability may not apply to you. to the extent that any omnipay party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the omnipay party's liability shall be the minimum permitted under such applicable law.
indemnity
you agree to defend, indemnify, and hold omnipay, its officers, directors, employees, agents, affilated companies, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these agreement.
updates, modifications & amendments
we may need to update, modify or amend our merchant terms of service as our technology evolves. we reserve the right to make changes to this merchant terms of service at any time and may give notice to users on this page.
we advise that you check this page often, referring to the date of the last modification on the page if you have any objection to any of the changes to this merchant terms of service, you must cease using our website and/or services immediately.
applicable law
these terms of use shall be interpreted and governed by the laws currently in force in the federal republic of nigeria.
legal disputes
you acknowledge and agree that any disputes relating to your relationship with us, including but not limited to disagreements regarding this agreement, your use of the service, and/or rights of privacy and/or publicity, will be settled through arbitration, regardless of whether a third party is involved.
only claims made on your own behalf are admissible. for any claims covered by this agreement to arbitrate, neither you nor we will take part in a class-wide arbitration.
you are waiving your right to participate in any class action lawsuit against us as a class member or class representative, as well as your right to class arbitration and the right to consolidate individual arbitrations.
additionally, if we are a party to the process, you undertake not to take part in claims made in a private solicitation or representative position, or in consolidated claims involving a person's account.
you agree to notify us in writing, specifying the nature of your dispute, the issues under consideration, and your intention to refer the dispute to mediation, the lagos multi door court house, in the event of a dispute.
severability
if any portion of these terms of use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these terms of use and shall not affect the validity or enforceability of any other part in this terms of use.
Force majuere
If Omnipay hereto is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control (including but not limited to an Act of God, Natural Disaster, or Civil Disorder) “Force Majeure Event” omnipay may immediately give notice of this to you and shall do everything in its power, including but not limited to accepting assistance from 3rd parties and/or the other Party, to resume full performance.
As soon as reasonably possible after the end of the Force Majeure Event, omnipay shall resume performance of its obligations under this Agreement.
miscellaneous
you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. assigning or sub-contracting any of your rights or obligations under these terms of use to any third party is prohibited. we reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these terms of use to any third party.