PouchFi
TERMS OF SERVICE
The following Terms and Conditions (these “Terms”) apply to any person that registers or utilises and/or opens an account through PouchFi (mobile applications, website, or APIs). These terms constitute a legally binding agreement between you and PouchFi Limited (“PouchFi”," "the Company," "us," "we," or "our"). Please read the Terms of Use carefully before you start to use the Services. It details our obligations to you and also highlights certain risks in using our services which you must consider carefully as you will be bound by the provisions of this Agreement through your use of this website or any of our services.
About Us
PouchFi Limited is a cutting-edge financial technology business devoted to transforming the financial industry in Africa and beyond. We offer a full range of financial services, up to and including the expansion of utility payments and subscriptions paid for directly from users' wallets. Businesses are empowered by our resources and simple access to banking services and products. By removing the restriction on crypto-to-fiat transactions and acceptance, our objective is to accelerate business growth, scalability, and financial empowerment across all industries and sectors with low transaction fees.
With PouchFi, you can stop hopping between crypto and traditional finance apps. All your assets are now safe in one place
By accessing or using the Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Services and should not use the Services.
Our Values:
At PouchFi, we uphold the following core values:
BY ACCESSING OR USING OUR SERVICES, WHICH INCLUDE OUR VARIOUS WEBSITES (AND ANY RESPECTIVE SUBDOMAINS); APPLICATIONS (COLLECTIVELY WITH ANY MATERIALS AND SERVICES AVAILABLE THEREIN, AND SUCCESSOR WEBSITE(S) OR APPLICATION(S), AND OTHER SERVICES THAT LINK TO THESE TERMS, AS WELL AS ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, AUDIO, VIDEO, OR OTHER MATERIALS STORED, RETRIEVED OR APPEARING THEREON, WHETHER ACCESSED THROUGH THE SITE OR OTHERWISE (COLLECTIVELY, THE “SERVICES”), YOU ARE ENTERING INTO A BINDING AGREEMENT WITH US THAT INCLUDES THESE TERMS, PRIVACY POLICY THAT CAN BE EASILY ACCESSED AND OTHER POLICIES REFERENCED HEREIN.
You must be able to enter into an Agreement lawfully in order to utilize our Services. You affirm and warrant that you satisfy the eligibility criterion by using the Services. You must not use our Services or access them if you do not meet the criterion.
Additionally, you affirm and guarantee that you are authorized to enter into this Agreement on behalf of the entity or organization that you are sworn to represent in your jurisdiction, as well as on your behalf. If any of these requirements are not met, you are not allowed to use or access the Services.
PouchFi offers financial services that allow you to store, save and spend crypto or fiat payments for the purchase of goods and services online. We are not a bank and do not offer banking services as defined by the Banks and Other Financial Institutions Act, 2020.
The channels through which we offer our services include a web and mobile application made available through our website and/or other platforms (the “App” or “Application”), a payment checkout API (the “Checkout”), and other features or content which we offer now and/or may be offered in the future, in connection with the website, the Application or Checkout (collectively referred to as the ("Services").
Our core services;
User experience flow;
By using the Services, you represent that:
User Account
In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which functions as your username and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You shall not misrepresent your identity or your affiliation with any person or organisation and you are not allowed to use another user’s Account for any purpose whatsoever.
You may access the profile associated with your Account (“Profile”) on the App when you are logged-in. When you access your Profile, you can edit certain information, including your email address and password, or any additional information relating to your Profile. You can also contact us directly at info@pouchfi.io to edit your information. It is your responsibility to ensure your contact information is accurate and up to date.
Identity verification
You are required to provide valid identification documents to be verified before transactions can be carried out in your account. Such identification documents include your Bank Verification Number (BVN) and a valid Identification document such as a Driver’s License, Voters Card, National Identification Number and International Passport. Your account will be restricted to certain limits if your identity is not verified.
PouchFi reserves the right to, at any time:
You can anonymously use the Application, but require registration with us in order to access and use the rest of the Service, including but not limited to making in-app purchases. You consent to the following guidelines to safeguard the security of Your Account by creating an Account:
You are granted permission to use our services. We thus grant you a personal, revocable, non-exclusive, and non-assignable license to access and use the Service, subject to your continued compliance with the Agreement. This license's primary function is to enable you to use and make use of the Services in accordance with the Terms.
To enable crypto users, businesses, and stakeholders in the business and finance industry, we offer simple access to financial products and services and a suite of account functionalities. You are not granted permission or permission may be revoked if the Application or any other component of the Service is determined to contravene the law in the country where you're located.
You shall not:
You agree that PouchFi may occasionally release updated versions of the Application and may automatically upgrade the version of the Application that is running on Your mobile device via electronic means. You agree that the terms and conditions of these Terms shall apply to any upgrades that occur automatically on Your mobile device. The aforementioned license grant does not constitute a sale of the Application or any copy of the Application, and all ownership rights, titles, and interests in and to the Application (and any copy of the Application) are retained by PouchFi and its third-party licensees or suppliers.
It is significant to remember that your usage of the Application may be subject to ordinary carrier data costs.
Virtual card fee
Applicable fees: Applicable fees are charged for virtual card creation and transactions. These fees may be removed, increased, or decreased from time to time by PouchFi.
Card termination: The card will be terminated if repeatedly declined due to insufficient funds.
Wallet
The Service provides each User with a unique Wallet to ensure the conservation and the use of Cryptocurrencies within the Service. Users are free to use the Wallet to execute transactions from the Platform. User may credit or debit the Wallet with their own supported fiat currency or cryptocurrency asset at any time. It is the User's responsibility to take all measures to secure access to his/her Wallet Any User can create a Wallet or use an existing Wallet on the Service by:
Foreign exchange fluctuation
Exchange rates fluctuate constantly and thereby give rise to risk and uncertainty. We will publish the applicable exchange rates at which we settle transactions. You agree that your transactions on the Platform shall be effected and settled at the prevailing market rate in freely convertible currency on the date of transaction. For the avoidance of doubt, this means that at certain times, the exchange rate at which you make deposits will not be exchange rates at which your withdrawals will be settled. Without prejudice to the foregoing, you agree that you will not trade, hedge or participate in any foreign exchange related activity that will impair the delivery of our Services or interfere with the use of our services by other persons.
Currency risks
By using the Platform, Users acknowledge to be aware of the following information:
Cryptocurrencies and custody services rely on emerging technologies presenting risk of failure, bug or malfunction. Please note that the risks involved in trading or holding digital assets can be substantial. Digital currency Services are not currently fully regulated by the Central Bank of Nigeria or any other regulator. Therefore, carefully consider whether trading or holding Digital assets is suitable for your risk appetite.
Before using the platforms, you should ensure that you understand the risks involved in Digital assets markets can be volatile, and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. You should carefully assess whether your financial situation and risk tolerance are suitable for Digital assets. You are solely responsible for any decision to send, convert or otherwise hold or deal with Digital assets. PouchFi does not, and will not, offer you any financial advice in connection with your use of or transactions conducted. You are solely responsible for the decision to use our service to deal with our supported digital currency and accept the risk that underlying software protocols relating to the supported digital assets you store in your wallets may change.
You indemnify PouchFi, it's operating entities or any other affiliates (including their respective directors, members, employees or agents), to the maximum extent permitted by law, against any loss, liability action, cost, claim, damages, proceedings or expense that you may suffer, directly or indirectly, in connection with your PouchFi account (without limitation) the loss of digital currencies deposited (whether in whole or in part). You accordingly hereby waive any claim that you may have against PouchFi arising therefrom (including in respect of claim for direct, indirect, consequential or pecuniary damages). You understand and agree that should a counter-party may become insolvent and this may impact your investment.
Third-Party Service Providers
We occasionally collaborate with other parties to provide You with more opportunities to use Our services. Instances of these collaborations include partnership with payment platforms, exchange platforms, financial institutions, and our other platforms, which help to power our services. Our Partners reserve the right, in their sole discretion, to alter, amend, suspend, terminate, or change the terms and conditions of any program they provide, in whole or in part, at any time, with or without prior notice, and for any reason at all. You acknowledge and agree that as a result of such action or any Partner, PouchFi shall have no obligation to You.
PouchFi reserves the right to immediately terminate or suspend your account and/or access to the service for any reason, including a violation of these terms, the use of temporary or disposable email services, failure to complete KYC obligations, invalid email addresses, private domains, or VPNs.
We reserve the right to limit your ability to use the Services. You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that:
You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Applications. PouchFi is in no way liable to You for the effects of any termination or cancellation on Your use of the Service.
The only purpose of any information given in conjunction with your access to and use of the Services is informative. The information on the Services and any other information we make available at any time, such as blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos, should not be used as the basis for any decision you make. You should seek independent professional advice from a licensed and competent expert in your jurisdiction in the area for which such advice would be appropriate before making any financial, legal, technological, or other choices affecting the Services. Links to other websites, programs, or resources may be included in the services we offer or those provided by third parties. You acknowledge and agree that we are not accountable or responsible in any way for any content, advertising, goods, or other materials on or available from such third-party websites, services, or resources, nor are we responsible or liable for their availability. You further acknowledge and accept that we are not responsible or liable, directly or indirectly, for any harm or loss caused or claimed to be caused by, or in connection with, the use or reliance on any such content, products, or services accessible on or from any such site or resource.
The information presented on or through the Services is made available for general information purposes only. You are aware that using the Services carries some risk. All decisions regarding the Services you access through the Services are solely your responsibility, and you are not entitled to a refund for any transactions you access through the Services. Among other things, the Services may be blocked, interrupted, or negatively damaged by sophisticated cyberattacks, activity spikes, computer viruses, and/or other operational or technical issues. We make no continuous commitment to alert you to all hazards associated with using and accessing our services. You acknowledge that you are taking these risks and that you will not attempt to have PouchFi indemnify any Party for any ensuing losses.
You acknowledge that we are not responsible for monitoring or maintaining the security of your accounts, and you acknowledge and accept that we are not liable for any unauthorized access to your account and that you won't hold us accountable for it.
All rights to the Services are ours. Any rights, titles, and interests in the Services that you may access or use on or via Our Services are owned by Us, including without limitation any copyrights in and to any content, code, data, or other materials. We may use and divulge any comments, bug reports, ideas, or other feedback you may submit regarding our services, including recommendations for how we could make them better. You acknowledge that we have no duty to you and are allowed to use any input you provide whenever we see fit, including copying and sharing it with others. This clause outlines the following;
We own any trademarks, logos, and service marks that are shown on the Services, or they are the property of third parties. Such trademarks, logos, or service marks may not be used without the owner's prior written approval.
Quality or accessibility of the Services.
You must acknowledge, understand, and agree as a condition of accessing or using the Service or Services that the Services may occasionally be unavailable or inoperable for any reason, including, but not limited to, equipment failures, routine maintenance tasks or repairs, causes outside our control or that we could not reasonably foresee, disruptions, temporary or permanent unavailability of underlying infrastructure, or unavailability of third-party services.
You understand and accept that using and accessing the Services, including but not limited to the Services, is at your own risk. You shouldn't participate in any transactions unless they are appropriate given your situation and available resources. By utilizing the Services, you affirm that you have been, are, and will be exclusively in charge of carrying out your due diligence on the transactional risks.
Taxes
You are solely responsible for determining whether and to what extent any taxes apply to any transactions you carry out through your PouchFi Account and for withholding, collecting, reporting and remitting the correct tax amounts to the appropriate tax authorities.
Account Breach
Should you suspect that your Account or any of your details have been compromised or you become aware of any fraud or attempted fraud or any other security incident affecting you and/or PouchFi. If that happens, you must notify immediately by email at info@pouchfi.io and continue to provide information throughout the breach. You must take the required steps to reduce and report any Breach into your account by providing prompt notification of any breach.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend, or discontinue any aspect of this Service, including:
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
The Services and software are offered "AS IS" and "AS AVAILABLE" without any warranties. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. You understand and accept that using the Services is done at your own risk. We make no assurances or warranties regarding the timeliness, continuity, accuracy, completeness, or security of the information provided through the Services, nor do we guarantee that the Services will be free of bugs, viruses, or other harmful components. No advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Services.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL FINANCIAL LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE INTERFACE, OR USD$100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. Certain warranties cannot be excluded, and certain obligations and damages cannot be limited or excluded in some jurisdictions. Therefore, you might be exempt from certain of the limits and disclaimers outlined in this Agreement. Otherwise, this liability limitation will be in effect to the fullest extent allowed by law.
Dispute Resolution
We will use our best efforts to resolve any potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must contact us by sending an email to info@pouchfi.io so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any dispute, including (but not limited to) any dispute regarding arbitrability, arising out of or relating to the Services, this Agreement, or any other acts or omissions for which you may assert that we are liable ("Dispute"), shall be finally and exclusively resolved through arbitration in accordance with the Arbitration and Conciliation Act Cap. A18 LFN 2004. You are aware that binding arbitration must be used to settle all Disputes. According to the Arbitration and Conciliation Act Cap A18 LFN 2004, the arbitration shall be conducted in private before a single Arbiter. The arbitration will be held in Lagos, Nigeria unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You must file any and all claims against us individually, not as a member of a supposed class, group, or other representative proceeding. To class arbitration, this clause is applicable.
Governing Law
You acknowledge and agree that this Agreement and any Dispute between you and us shall be governed by the laws of the Federation of Nigeria (LFN), without giving effect to any principles of conflict of laws. You further acknowledge that even while the Services may be accessible in other countries, their accessibility does not give rise to general or particular personal jurisdiction in any venue outside of Nigeria. The Services shall be assumed to have their only place of business in Nigeria. The Arbitration and Conciliation Act, Cap. A18 LFN 2004, shall apply to any arbitration conducted in accordance with this Agreement. In the event that the binding arbitration provision of this Agreement is deemed to be invalid, you acknowledge and agree that any appeals of an arbitration judgment or judicial actions shall be brought before the judicial.
Miscellaneous
No right, remedy, power, or privilege arising from this Agreement shall be deemed to have been waived by the Company, and neither shall the Company's failure to exercise or delay in exercising any such right, remedy, power, or privilege; nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise of such right, remedy, power, or privilege, or the exercise of any other right, remedy, power, or privilege.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
Force Majeure
PouchFi is not liable for a breach or non-performance of the conditions of these terms to the extent that circumstances beyond the control of PouchFi cause the breach, its employees or agents and for the period those circumstances persist.
No agency, partnership, or joint venture has been created between you and our Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.
Modification
We reserve the right to update the Services, the Agreement, and any specific agreement term at any time, for any reason, and in our sole discretion. You will be subject to the terms of the Agreement if you utilize the Services in any way after such amendments have been made and are in force. Without incurring any obligation to you, we reserve the right to change or stop providing all or a portion of the Services (including access to the Services through any third-party connections) at any time. If you don't agree with any modifications made to this Agreement, you must immediately stop using and accessing the Service.
All changes will be effective immediately when posted on the Website and our application. It is imperative that the same should be reviewed prior to accessing or using the Services. You acknowledge and agree that in the event that all or a portion of the Services are unavailable at any time or for any length of time, PouchFi shall not be liable to you or any third person for any losses or damages.
You may contact us with questions about your use of the Services at info@pouchfi.io When you communicate with us electronically, you consent to receive communications from us electronically. You should review the Agreement from time to time to ensure that you understand the terms that apply to you when you access or use the Services.
Translations
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
The agreement set forth in these terms represents the whole understanding between you and us regarding its subject. Any and all former or contemporaneous written and oral agreements, communications, and other understandings (if any) pertaining to the subject matter of the terms are superseded by the terms of this agreement.
Contact Information:
For more information about PouchFi and any other inquiries about this Terms of service, please contact info@pouchfi.io
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@pouchfi.io
Updated on 29th February 2024