Terms and Conditions

This Agreement ("the Terms and Conditions") is a financial services and an end-user licence agreement between you ("End-user" or "you") and BLUVERTEX LIMITED, a company duly incorporated under the laws of The Federal Republic of Nigeria, which sets out the Terms and Conditions applicable to the service hereinafter referred to as DumaPay ("App").

This Agreement (together with our Privacy Policy) and any subsequent amendments or variations thereto, of which you shall always be kept informed on the date of publication, sets out the complete Terms and Conditions (the "Terms and Conditions") applicable to the Account (as hereinafter defined) opened by you with DumaPay.

These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

1. Basic Provisions

1.1 Effective Date of Agreement

These Terms and Conditions ("Agreement") shall become effective immediately upon the earlier of:

(a) the date on which you successfully register an account within the Application, or
(b) your first use of any service offered through the Application, whichever occurs first.

1.2 Binding Consent via Click Wrap

By ticking the consent box and/or proceeding with account registration, you explicitly acknowledge that you have read, understood, and agreed to be legally bound by this Agreement. Such electronic acceptance shall have the same legal force and effect as a manually signed document.

1.3 Definition of Services

The Company provides a range of digital financial and telecom-related services, including but not limited to:

(a) Airtime top-up for Nigerian mobile numbers;
(b) Purchase of mobile data packages;
(c) Provision of digital credit facilities.

1.4 Territorial Scope

The services offered under this Agreement are intended for, and restricted to, users physically located within the Federal Republic of Nigeria. Any use outside this territory is strictly prohibited unless explicitly authorized in writing by the Company.

2. User Rights and Obligations

2.1 Account Registration and Verification

Users must undergo identity verification, providing valid government-issued identification (e.g., BVN) and valid bank account information. The Company reserves the right to reject or suspend any account that fails to meet the verification criteria.

2.2 Security of Account Credentials

You are solely responsible for safeguarding your account login details. Any activity conducted through your account, whether authorized or unauthorized, shall be deemed your responsibility. The Company shall not be liable for losses resulting from compromised passwords.

2.3 Payment and Funding Methods

Accepted payment channels include bank transfers. All airtime and data purchases are processed instantly and are non-refundable once delivered.

2.4 Fees and Charges

Applicable fees, including but not limited to loan disbursement fees, processing charges, and overdue interest, will be disclosed prior to each transaction.

3. Company Rights and Obligations

3.1 Right to Modify or Suspend Services

The Company may, at its sole discretion, alter, suspend, or discontinue any part of the services at any time, with or without prior notice.

3.2 Account Suspension and Termination

The Company reserves the right to freeze or terminate accounts in cases of fraudulent top-ups, suspected money laundering, or any activity in breach of applicable laws or these Terms.

3.3 Disclaimers

(a) The Company shall not be liable for service interruptions caused by telecom operators or other third-party providers.
(b) Loan approval is not guaranteed and is subject to risk assessment and credit evaluation.

4. Data Protection and Privacy

We collect information necessary to provide our services, verify your identity (as required by Nigerian regulations), prevent fraud, and improve your experience:

4.1 Personal Information You Provide:

While using our service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you, which may contain:

(a) Identity Data:

- Full name, gender, date of birth, phone number, email, selfie, BVN, NIN.

- To verify identity, the app allows users to take a photo directly using the device camera.

- The app does not access or read your photo library.

- All photos are used solely for verification purposes and are securely encrypted during transmission and storage.

(b) Contact Data:

- During the loan application process, users may provide reference contacts (name, phone number, relationship).

- Before entering this information, a clear consent popup is presented, explaining that the information will be used only for credit risk assessment and emergency contact if we cannot reach the user directly.

- Users must confirm their consent before submitting any contact information.

- This information is voluntarily provided, and we never disclose personal or financial information to these contacts.

- The app does not request or access your phone contacts or address book, and the data is never used for marketing or unsolicited communication.

(c) Financial Data:

- Bank account details (for loan disbursement/repayment), transaction history within the App (top-ups, loan transactions), and airtime/data purchase details.

All information provided is processed in compliance with local data protection laws.

4.2 Information Collected Automatically:

(a) Device Information:

- Device type (make/model), operating system, unique device identifiers (e.g., IDFA), IP address, browser type, and mobile network information.

(b) Usage Data:

- Features you access, time spent on the App, pages visited, clickstream data, transaction timestamps, and error logs.

4.3 Device Permissions

Depending on your device, we may request certain permissions to access data for specific functions:

(a) Camera

- Used only when you actively choose to take a photo for identity verification or document submission.

- Camera access is never used in the background without your action.

(b) Contacts

- The app does not request or access system contacts.

- Reference contact information is provided manually by the user with clear prior consent.

- Collected contacts are used only for credit risk assessment and emergency contact purposes and never for marketing.

Permissions Management

- All permissions must be granted explicitly by the user.

- Users may revoke permissions at any time via their device settings.

- Revoking permissions may impact certain features of the App.

4.4 Data Security and Compliance

- All sensitive information is encrypted during transmission and storage.

- Only authorized personnel involved in loan verification or risk assessment may access your data.

- We have implemented internal privacy audits and pre-release compliance checklists to ensure all future updates remain fully aligned with Apple's privacy guidelines and local data protection laws.

5. Risks and Limitations of Liability

5.1 Prohibited Conduct

You must not use the services for any unlawful purpose, including but not limited to gambling, fraud, or money laundering.

5.2 Consequences of Misuse

Violation of these prohibitions may result in immediate termination of your account and notification to relevant authorities, including the Economic and Financial Crimes Commission (EFCC).

5.3 Exclusion of Indirect Losses

We shall not be responsible for indirect damages such as lost profits, data loss, or business interruption.

6. Governing Law and Dispute Resolution

6.1 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, including but not limited to the Central Bank of Nigeria (CBN) regulatory framework and the NDPA.

6.2 Dispute Resolution

Any dispute arising under or in connection with this Agreement shall be resolved through binding arbitration at the Lagos Court of Arbitration.

6.3 Class Action Waiver

Users agree to waive any right to participate in a class or collective action against the Company.

6.4 Amendments and Notifications

The Company may amend these Terms at any time, with changes taking effect upon notification via in-app message or email. Continued use of the services shall constitute acceptance of the updated Terms.

7. Miscellaneous

7.1 Minors

7.2 Contact Information

7.3 Service of Legal Notices

All legal notices shall be deemed properly served when sent to the Company's registered address in Lagos, Nigeria.