The following terms of service are terms of a legal agreement (the "Agreement") between you ("you", "your", or "user") and Kwivar Ltd and its subsidiaries, affiliates, agents and assigns ("Rentpady", "we", "us", or "our") which sets forth the terms and conditions for your use of RentPady mobile application ("Mobile App") and RentPady’s website, rentpady.com (the “Website”), as well as the products and services offered, operated or made available by Kwivar Ltd through the Mobile App or Website (collectively, the "Services"). The Mobile App, Website, and Services are owned and operated by Kwivar Ltd, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App, Website or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
Please carefully review this Agreement before using the Mobile App, Website or Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, Website or Services. To use the Mobile App, Website or Services and to accept the Agreement, you must (1) be a citizen or permanent legal resident of Nigeria, (2) be at least 18 years old, (3) agree to only have one RentPady User Account (defined below), which must be in your real name; and (4) not be prohibited by law from using the Mobile App, Website or Services. Creating a RentPady User Account with false information, which includes creating an account using another person’s information, is a violation of our terms and will result in the termination of your access to the Services and no refunds.
Kwivar Ltd maintains a Privacy Policy that details how we use, handle and protect your data. Our Privacy Policy is available at https://rentpady.com/home/policy. We fully incorporate our Privacy Policy into this Agreement. We reserve the right to update the privacy policy at our discretion, and that any changes made to our privacy policy are effective upon posting.
Kwivar Ltd reserves the right to amend this Agreement at any time without advance notice unless required by law by posting a revised Agreement on our Website. All changes will be effective upon posting, so you should check this Agreement on the Website periodically for changes. Your continued use of the Mobile App, Website or Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Kwivar Ltd also reserves the right to terminate, suspend, change, or restrict the Services, or any part of the Services, without notice or liability.
To use the Site or the Services and to accept the Agreement:
- You must be a Nigerian citizen or a legal Nigerian resident;
- You must be at least eighteen (18) years old or the age of majority in your jurisdiction;
- You must not be prohibited by law from using the Site or the Services.
- You must have a plan payments account (a "Bank Account"); and
- Your Bank Account must enable our third-party data aggregators to view your transactions for the last ninety (90) days.
- You must have an active source of income
- Your income and rent payment history must be accessible from your connected bank account
- Your membership must be active
- Your landlord information must be verifiable.
- All information submitted is truthful and accurate.
- To access and use the Services, you must create an account (a "RentPady User Account") and complete the registration process. This process will require you to create a login ID and a password.
When you sign up for the Services, you agree to provide truthful, accurate, current and complete information, such as your name, email address, and mobile phone number ("Account Information"). You further represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
- You agree to update Kwivar Ltd in the event that the Account Information provided by you changes, and Kwivar Ltd will not be held liable for any errors or fees that occur as a result of outdated Account Information.
- Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the Profile section of the Kwivar Ltd app/ website, click on "Settings," and update your Account Information accordingly.
- Should you believe or have reason to believe that any of your Account Information, including your email, phone number, and/or password, has been compromised, or that another person is accessing your RentPady User Account through some other means, you agree to notify us as soon as possible at helpdesk@rentpady.com
Note: Kwivar Ltd does not support joint Bank Accounts.
To use the Services, you must also direct Kwivar Ltd to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions ("Third-Party Account Information").
Kwivar Ltd works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you license and authorize Kwivar Ltd to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Services.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
RentPady will help you find affordable rentable spaces within your desired location, Pay rent in installments or simply plan your upcoming rent with ease.
RentPady will gift you with a subsidy or enable you access cash cover to pay your rent on due date when you create a rent plan.
You authorize Kwivar Ltd to electronically debit your Payment Method each week/month. As applicable, you also authorize Kwivar Ltd to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than required.
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse ("ACH") transactions as provided herein and will remain in full force and effect until you notify Kwivar Ltd that you wish to revoke this authorization by emailing helpdesk@rentpady.com. You must notify Kwivar Ltd at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your RentPady User Account. Failure to provide correct and complete information may make it impossible for Kwivar Ltd to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless Kwivar Ltd from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your virtual wallet, Bank Account or debit card if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Kwivar Ltd of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Kwivar Ltd will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to Kwivar Ltd that you have the right to authorize us to charge and credit your Bank Account or debit card for payments due to us under this Agreement.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
You hereby agree to make periodic payments towards your next rent. You may initiate these payments each weekly or monthly, yourself by electronic funds transfers or you may authorize automatic weekly/ monthly payments from your RentPady virtual wallet or your Linked Bank Account/Debit Card. You may also use another payment option that we approve in writing (e.g. a form of payment that we identify and approve through direct communication with you. You can contact us at helpdesk@rentpady.com).
You will be charged late payment charges of up to 5% per month when you skip an installment, and such charge shall continue until its fully defrayed.
This Section sets forth the entirety of Kwivar Ltd's recourse against you in the event that you stop your plan payments before the due goal date. Any other recourse or remedies claimed by Kwivar Ltd, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in this Agreement, do not apply to stoppage of plan payments. Kwivar Ltd warrants that it has no legal or contractual claim against you based on a stoppage of plan payments, except in the event of fraud but Kwivar Ltd will suspend your access to the Services until you resume plan payments in full. With respect to a user’s stoppage of plan payments, Kwivar Ltd warrants it will not engage in any collection activities, place the amount due for plan payments to a third party for the purpose of collection activities, or report you to a consumer reporting agency except in the event of fraud. Kwivar Ltd does not waive any rights regarding fraudulent activity, and Kwivar Ltd will pursue instances of fraud.
For example, if the plan payments were found to be made under fraudulent terms, or using fraudulent information such as fake income sources, or fake landlords, Kwivar Ltd will enforce the legal right to take the user to a court of competent jurisdiction.
It is your responsibility to contact Kwivar Ltd if you intend to discontinue your plan payments.
6.5.1 You earn instant 1K each time your referral creates a plan. Be sure they enter your affiliate code when setting up their profile.
6.5.2 As an influencer you earn lifetime commissions on each referral’s weekly/monthly plan payments.
We provide you with cash support when your plan changes before its due date.
By choosing to use the Mobile App or Website Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the Mobile App, or Kwivar Ltd (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receive all Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
By accepting this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
You can update your User Information in the Mobile App/ web app or by emailing us at helpdesk@rentpady.com
We, at our sole discretion, reserve the right to terminate this Agreement, terminate or suspend access to the Service, or terminate or suspend your RentPady plan at any time for any reason. We will make reasonable efforts to notify you of any such suspension or termination unless we terminate your access in accordance with Section 9.2.
You may also terminate this Agreement by deactivating your RentPady User Account or plan at any time by emailing helpdesk@rentpady.com. If we terminate this Agreement, terminate or suspend your access to the Services, or terminate or suspend your RentPady Plan, you are entitled to 0.5% compensation for every month, plan payment funds stayed with us subject to the conditions mentioned in section 8.1 below.
RentPady user account Plan is also terminated if not funded for 60 consecutive days.
8.1.1 Your RentPady User Account must have been active for more than 3 months
8.1.2 Compensation is calculated and dependent and calculated on the current value of your plan payment
You have the right and authority to submit or otherwise provide us with any documents for the provision of the services, including but not limited to card details, or bank statements, related to your financial situation;
Your linked bank account, is not a joint account ("Joint Account"). Joint Account means any account that is held by more than one person, with each person having the right to deposit into or withdraw funds from the account;
Your use of the Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party, and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services;
Any Bank Account(s) you associated with the Services are located in Nigeria;
You shall not share your RentPady User Account or login information with any third party, nor let any third party access your RentPady User Account, and are responsible for maintaining the confidentiality of the login information for your RentPady User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your RentPady User Account, even if such activities were not committed by you; and
You will not link your Bank Account/Debit Card to more than one RentPady User Account
By using the Services, you understand and agree that Kwivar Ltd, through any identification verification methods it employs, may in its sole discretion, but is not required to, verify that any or all of your representations and warranties listed above are met. If you become aware of any violation or possible violation of your or another user's representations and warranties listed above, you will report it to Kwivar Ltd. If Kwivar Ltd becomes aware of any violation or possible violation of this Agreement, it may suspend and/or terminate your RentPady User Account with or without notice in its sole discretion.
The Site and the Services are provided on an "as is" and "as available" basis without warranties of any kind and does not guarantee that it will be free of defects. To the extent permitted by law, we disclaim all implied or statutory warranties of any kind relating to the Site or the Services, and in no event shall Kwivar Ltd or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Kwivar Ltd's behalf or affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Service, whether or not the damages are foreseeable and whether or not Kwivar Ltd has been advised of the possibility of such damages.
No advice or information, whether oral or written, obtained by you from Kwivar Ltd, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
Before using the Services, you should consider obtaining additional information and advice from a financial adviser. Kwivar Ltd is neither a financial adviser nor a financial planner.
We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you.
You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Site or the Services. In connection with your use of the Site or the Services, you shall not, and shall not assist or enable any third party, to:
- reverse engineer or attempt to duplicate or find the underlying code of the Site and/or the Services;
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Agreement;
- copy, modify, or create similar or duplicate works of the Site, the Services or Content (defined below) of any of the Site or the Services;
- attempt to disable or circumvent any security or access control mechanism of the Site or the Services;
- design or assist in designing cheats, exploits, automation software, such as, but not limited to, spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Site or the Services;
- attempt to gain unauthorized access to the Site or the Services, other RentPady User accounts, or other devices, computer system, phone systems, or networks connected to the Site or the Services;
- harvest or otherwise collect information about users;
- use, display, mirror or frame the Site, the Services, Content or any individual element within the Site or the Services, RentPady’s name, any RentPady Trademark (defined below), or the layout and design of any page or form contained on a page in the Site or the Services, without Kwivar Ltd express written consent;
or
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site or the Services.
In the event you partake in any prohibited activities, you acknowledge and agree that Kwivar Ltd has the right to and may, at its sole discretion and without notifying you, take legal and/or use other remedies including but not limited to suspending your RentPady User Account.
With the exception of any third party materials, Kwivar Ltd is the owner of all worldwide rights, titles and interests in: (a) the Site and the Services, including all content therein, all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel, related documentation, and all enhancements, derivatives, bug fixes or improvements to the Site and the Services; and (b) trade names, trademarks, and logos of RentPady ((a) and (b) collectively, the "Content"). You will not use, copy, duplicate, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content without Kwivar Ltd's written consent. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you do not modify the Content and that you keep intact all copyright and other proprietary notices. You agree that you do not acquire any ownership rights in any downloaded Content. This permission terminates immediately if you breach this Agreement. You may not "mirror" any Content on the Site or in the Services without Kwivar Ltd's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Site and in the Services are registered and unregistered Trademarks of RentPady. Other trademarks, service marks and trade names may be owned by others. Nothing on the Site or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other RentPady intellectual property displayed on the Site or in the Services. The names "Kwivar Ltd" and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site or in the Services, without prior written permission from Kwivar Ltd.
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Site and in the Services are registered and unregistered Trademarks of RentPady. Other trademarks, service marks and trade names may be owned by others. Nothing on the Site or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other RentPady intellectual property displayed on the Site or in the Services. The names "Kwivar Ltd" and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site or in the Services, without prior written permission from Kwivar Ltd.
The Site or the Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties. Kwivar Ltd has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You understand and agree that use of such links and use of any products or services from third parties is at your own risk. Kwivar Ltd expressly disclaims, and user expressly releases Kwivar Ltd from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the use of such links or the use of any such products or services from third parties.
Under no circumstances will Kwivar Ltd, or any of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns (the "Kwivar Ltd Parties") be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Site or the Services or the information contained on the Site or the Services, including for viruses alleged to have been obtained from the Site or the Services, even if Kwivar Ltd has been advised of the possibility of such damages. In no event shall the Kwivar Ltd Parties' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence).
You agree to release, indemnify, defend and hold the Kwivar Ltd Parties harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the Kwivar Ltd Parties arising out of or relating to (a) your improper use of the Site or the Services; (b) your breach or alleged breach of this Agreement, the representations, warranties, and covenants you have made by agreeing to the Agreement of this Agreement, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. Kwivar Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Kwivar Ltd.
This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Site or the Services.
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 17.3 BELOW.
You and Kwivar Ltd agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 17 (the "Arbitration Provision"), unless you opt out as provided in section 17.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, such as the Site or the Services and including (except to the extent provided otherwise in the last sentence of Section 17.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise.
Please note that you may continue to assert Claims in a court of competent jurisdiction, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federal Republic of Nigeria by a single arbitrator appointed by the parties. Where the Parties are unable to choose an arbitrator within fourteen (14) days of either Party giving notice to proceed to arbitration, such dispute shall be referred to and determined by arbitration conducted with a single arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators UK, Nigeria branch.
The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to helpdesk@rentpady.com, within 60 days of the date of your electronic acceptance of the Agreement of this Agreement. The opt out notice must clearly state that you are rejecting arbitration. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to helpdesk@rentpady.com at any time.
The place of arbitration shall administratively be in Portharcourt, Nigeria even though the hearing may be largely document based with oral hearing done by teleconference and the language of the arbitration shall be in the English Language.
The decision of the arbitrator shall be final and binding upon the parties and shall include an order as to costs of such arbitration and which party shall pay such costs.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules.
We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction.
Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 17.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 17.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than section 17.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 17.7 are finally adjudicated pursuant to the last sentence of section 17.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Except for Section 17 which is governed by the Arbitration and Conciliation Act Cap A18, this Agreement and all Claims are governed by the Laws of the Federal Republic of Nigeria, without regard to conflict-of-law rules.
Users may contact Kwivar Ltd with regard to support for the Site or the Services by sending an email to helpdesk@rentpady.com. We welcome feedback, comments and suggestions for improvements to the Site or the Services ("Feedback"). You can submit Feedback by emailing us at helpdesk@rentpady.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
"Communications" means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.
"Contacting Us" means emailing us at helpdesk@rentpady.com.
"Current Version" means a version of any particular software or application that is currently being supported by its publisher.
"Electronic Communications" means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.
"Electronic Media" means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.
"Electronic Product or Service" means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.
"Electronic Signature" means any means that is used to indicate Your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate Your consent and/or agreement on or in any Electronic Media.
Subject to applicable law, you consent and agree:
- To use Electronic Signatures to indicate that you have read and understand, and that You agree and consent to this Agreement, our Privacy Policy, and any and all other Agreement and conditions and/or any other agreements that we may provide on any form of Electronic Media;
- That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications;
- Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet or on a Site, within 24 hours after the time that it is posted;
- To print and save and/or electronically store a copy of all Electronic Communications that we send to you;
- To notify us of any Kwivar Ltd in Your email address or your mobile device number or other text message address by Contacting Us;
- That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with this Agreement;
- That you represent and warrant to us that you have read and understand this Consent to Use Electronic Signatures and Electronic Communications.
In order to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.
You may withdraw your consent to receive Electronic Communications by Contacting Us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in this Agreement, (a) we will terminate your access to, and your ability to use, the Service, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein.
We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate our Agreement and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or Kwivar Ltd by means of Electronic Communications, by updating this Agreement on the Site or the Services, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.
You may request a paper copy of any Electronic Communication that we provided to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.
Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.
When you provide us with your mobile phone number, you agree that Kwivar Ltd and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages with service-related information such as alerts and transactional messages, or questions about the Site, Services or your RentPady User Account. We will not use autodialed or prerecorded SMS or texts to contact you for marketing or promotional purposes unless we receive your prior express written consent. You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts in order to use and enjoy the Site or the Services. If you choose to receive marketing-related autodialed or prerecorded SMS or texts, you can later opt-out of such marketing-related messages in several ways, including through the Settings page of your RentPady User Account or by contacting us at helpdesk@rentpady.com. Standard telephone minute and text charges may apply to all SMS or text messages.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The following provisions of this Agreement shall survive termination of your use or access to the Site or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and Miscellaneous, and any other provision that by its terms survives termination of your use or access to the Site or the Services.
This Agreement represents the entire understanding and agreement between you and Kwivar Ltd regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign any rights hereunder without our prior written consent. Kwivar Ltd may assign its rights or obligations pursuant to this Agreement. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to Kwivar Ltd with respect to any prohibited activity or conduct.
Non-enforcement of any term of this Agreement does not constitute consent or waiver, and Kwivar Ltd reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
No joint venture, partnership, employment, or agency relationship exists between you and Kwivar Ltd as a result of this Agreement or your use of the Site or the Services.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a Nigerian government embargo, or that has been designated by the Nigerian government as a “terrorist supporting” country and (ii) you are not listed on any Nigerian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions , and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
If you have any questions, comments, or concerns regarding the Agreement, please contact us at helpdesk@rentpady.com, or Kwivar Ltd
11A Igbodo Street, Old GRA, Port Harcourt, Rivers State, Nigeria.
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