Terms and
Conditions Governing the use of WebPAY
Definitions
1.
“Merchant”
means a
website that is integrated to WebPAY for the purpose of receiving payments for
goods and/or services that are sold on the website.
2.
“Card” means the payment card used by
a cardholder to make payment on the merchant’s website for goods and services
that are sold on the website
3.
“Transaction” means each
individual payment done by the cardholder on the merchant’s website
4.
“Cardholder” means the
individual using a card to make payment on the merchant’s website
5.
“Token”
means a device
(hardware or software) that is used to generate One Time Password (OTP) that
serve as an additional security measure to authenticate transactions.
6.
“OTP”-One Time Password
refers to a randomly generated password
that is valid for only one transaction generated by a token device
7.
"PIN" means the
Personal identification Number provided by the cardholder used for
authenticating transactions
8.
“CVV”
means Card
Verification Value, a 3-digit number specified at the back of a payment card
used for authenticating transactions
9.
“Issuer”
means the bank
that issued the card used by the cardholder to carry out transactions on WebPAY
10.
“Card Expiry Date”
means the
expiry date of the payment card indicated
on the payment card
11.
“Authorization”
means the
process of checking the validity and availability of sufficient funds on the a
cardholder’s payment card
12.
“Affiliate”
means a
subsidiary group or organization officially attached to WebPAY
Terms of Use
·
WebPAY is the
Interswitch payment gateway integrated to merchant’s website to facilitate
electronic payment transactions s over the web.
·
WebPAY enables
cardholders initiate payments, secures the payment transactions and securely
transmits the transaction amount to the cardholder’s bank (issuing bank) for
authorization.
·
Customers card details
provided by the cardholder on the WebPAY payment gateway that is displayed on
the merchant’s site is securely captured and these details are submitted for
realtime authorization by the issuing bank.
·
WebPAY requires the
entry of a valid payment card number, the corresponding Personal Identification
Number (PIN), the Card Verification Code (CVV) and the card expiry date before
the payment can be presented for authorization.
·
An additional
requirement in form of a One Time password (OTP) may also be requested at the
point of completing certain transaction above pre-defined limits by Interswitch
or the issuing bank for authentication purposes; this OTP would have been made
available to the cardholder’s pre-registered mobile number or email address via
either SMS, email respectively or generated directly from a physical hardware
device or a software device.
·
In order to authorize a card transaction,
WebPAY transmits the transaction information received from the merchant’s site
through the Interswitch payment switch to the issuing bank on the network for
validation.
·
WebPAY returns the
response (approved, declined or otherwise) received from the issuing bank to the
merchant website to be displayed to the cardholder.
Fees and Charges
·
The merchant is
responsible for presenting the total amount to be paid by the cardholder and
deducted from the cardholder’s account before redirecting to WebPAY
·
The total amount to be
paid by the cardholder is presented on the WebPAY page before the transaction is
completed and the cardholder has the option of either proceeding with the
payment or cancelling it.
·
Any additional
surcharge to be incurred by the cardholder in addition to the total amount
displayed on the merchants’ website may also be included in the final amount to
be paid by the cardholder; this amount is presented to the cardholder on the
WebPAY page and the cardholder has the option of either proceeding with the
payment or cancelling it.
·
Where a cardholder is
registered for the SMS OTP service, the cardholder is responsible for any
charges associated with the utilization of this service for transactions that
require the provision of an OTP via SMS for the purpose of completing
transactions on WebPAY.
Security
·
It is the duty of the
cardholder to keep secret and safe at all times the details of the payment card
i.e. card number, PIN, CVV and Card Expiry date including but not limited to
periods when online transactions are carried out. The card details are not to be
disclosed to any other person or recorded in a manner that could result in its
disclosure or misuse.
·
The cardholder is also
expected
to keep the details of the OTP to be utilized as a part of the
transaction secret at all times and must not disclose it to any person or write
it down or record it in a manner that could result in its disclosure or misuse.
Physical token devices should also keep safe and protected using same measures
taken to protect the payment card.
·
Suspicious activity as
may be observed by Interswitch, the Merchant or the Issuing bank may result in
the relevant payment card being restricted from carrying out transactions on
WebPAY.
·
Insufficient technical
knowledge and lack of safety precautions can make it easier for unauthorized
third parties to access cardholders’ systems or devices and it is the
responsibility of the cardholder to take the necessary security precautions to
prevent this.
Users Indemnity
·
By using the WebPAY application, the cardholder will be deemed to
have accepted and agreed to comply with the terms and conditions provided here,
in addition to all other applicable terms, including Interswitch’s applicable
data policies, the terms and conditions governing the use of the payment Card
provided by the issuer and any security
measures provided by Interswitch, WebPAY and its Affiliates
for online purchases or funds transfer
services.
·
WebPAY, Interswitch or its Affiliates will not be liable for any
Merchant's refusal to accept the payment card provided by the cardholder to
facilitate a payment transaction for any reason whatsoever.
·
WebPAY, Interswitch or its Affiliates will not be liable for any
restrictions placed on the payment card in use by the Issuer for any reason
whatsoever.
·
WebPAY, Interswitch and its Affiliates are hereby indemnified
against any liability, loss, damage, including solicitor and client costs and
expenses (legal or otherwise) which may be sustained or incurred, directly or
indirectly, by reason of having made available the WebPAY application or any of
its related services, or having
entered into this Agreement with the cardholder or enforcement of rights under
this Agreement or in acting upon any instructions which may have been given in
relation to this service or any negligence, fraud and/or misconduct on the part
of the cardholder or on the part of any
agents or representatives of the cardholder or the cardholders’ breach of this
Agreement.
Governing Law and
Jurisdiction
This Agreement is governed by Laws of The Federal
Republic of Nigeria. The cardholder irrevocably submits to the non-exclusive
jurisdiction of the Nigerian courts.
Information available
through WebPAY
Neither Interswitch, WebPAY nor its Affiliates shall
be liable to the cardholder (whether based on an action or claim in contract,
negligence, tort or otherwise) for any decision made or action taken in reliance
on or use of any information, images, links, sounds, graphics, video, software
or other materials, including quotes, news and research data, made available
through WebPAY.
Intellectual Property
·
The intellectual property rights in or pertaining to the WebPAY
application, its Services and the content within are owned by Interswitch or its
Affiliates. No part or parts of the Channel or any content pertaining to the
application may be reproduced, distributed, republished, displayed, broadcast,
hyperlinked, transmitted, adapted, modified to create derivative works or
otherwise commercially exploited in any manner or by any means or stored in an
information retrieval system without the
prior written permission of Interswitch.
·
The cardholder may view, print or use the Content for personal,
non-commercial use only, provided further that the said content is not modified
and all copyright notices and other proprietary notices contained in the content
are retained.
·
The trademarks, service marks, and logo (the "Trade Marks") used
and displayed on or through the payment gateway or via the merchant website are
registered trademarks of Interswitch.
·
Nothing on the payment gateway or the InterSwitch website should
be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trade Marks displayed on or through the payment gateway or the
Interswitch website without our written permission.