Terms & Conditions

The Terms and Conditions (“Agreement”) set forth the conditions governing your use of the Shago Mobile/POS Application (Shago App). By downloading the Shago App and using the service, you (the User/Agent) agree to be bound to the terms of this Agreement.

1. 1. Description of the Service: You may use the Shago App to complete the digitally enabled products such as bill payments, ecommerce, product listing e.t.c. More products may be added to the Shago App from time to time.

2. 2. Enrolment: Upon completing the download of the Shago App, you will be required to provide some of your personal data for your security. You will also be required to complete and submit a guarantor’s form and any other documentation required for our record. By using the Shago App you represent that the information provided is true.

3. 3. Security Procedures: You are solely responsible for maintaining the security of your Shago App and for any unauthorized use of your Device to access the service. You agree to lock your Shago App with a password and transaction pin whenever it is not in use so that your personal information is not accessible to others. Also, you agree to notify us immediately in the event you become aware of any loss, theft, or unauthorized use of the Shago App or your Mobile Device.

4. 4. Availability and Reversals: Once you have initiated a successful transaction via the Shago App, you will not be able to reverse the transaction. It is your responsibility to correctly enter all transaction information into the Shago App, including transaction amounts. There may be events during which our services will be unavailable. This may be due to factors such as scheduled maintenance or interruption from the service provider.

5. 5. Principal Agent and its Sub-Accounts Feature: This feature which is referred to as the “Principal-Agent and Sub-Account” feature enables the Principal-Agent who owns multiple outlets to create sub-accounts for the purpose of monitoring transactions across their outlets (“Sub-Account Users”). By using this feature, you agree that:
6. i. Each user of a sub-account represents you, and as such you have records and personal data of each sub-account user within your possession;
7. ii. You accept and shall take responsibility for all acts and omissions including damages and liabilities incurred by Users of any sub-account which you create.

6. 6. Shago POS Device: Upon your acquisition of the Shago POS for use, from Shago Payments Limited (“the company”), you will be expected to meet the company’s required minimum daily transaction sales of ₦50,000.

NB: In the event of failure to consistently reach the required turnover within two (2) months of acquiring the POS, the company has the right to terminate this Agreement and immediately retrieve the POS.

7. 7. Data Privacy and User Information: You acknowledge that in connection with the use of the Shago App, Shago and it’s service providers may receive names, domain names, addresses, passwords, telephone and device numbers, message contents, data files and other data and information provided by you or from other sources in connection with the Shago App (User Information). Shago and it’s service providers will maintain and reasonably safeguard the information from unauthorized disclosure or use.

8. 8. Restrictions on Use: You are not to use the Shago App in or for any illegal, fraudulent, unauthorized or improper manner or purpose and agree that the Shago App will only be used in a manner that complies with all applicable laws, rules and regulations including all applicable state, federal and international internet, data, telecommunications, telemarketing, “spam”, and import/ export laws and regulations. Without limitation, you agree that you will not
9. i. Violate the privacy rights of third parties, any third party’s intellectual property rights, rights of publicity, privacy or confidentiality, or the rights or legal obligations of any service provider or any of its clients or subscribers;
10. ii. Disseminate material or data that is illegal, or of such nature that is harassing, harmful, coercive, defamatory, libellous, abusive, threatening, obscene, or otherwise objectionable;
11. iii. Disseminate any material or information that is false, misleading, or inaccurate;
12. iv. Disseminate any material that would expose Shago, the Bank or any third-party service provider involved in providing the Services, or any other third party to liability.

Further to the above, you agree that you will not attempt to:

1. a. Access any software or services for which your use has not been authorized; or
2. b. Use or attempt to use a third party’s account or
3. c. Interfere in any manner with the provision of the Services or the Software, the security of the Shago App or other customers that use the service or
4. d. Disclose third party data to any person or utilize the data for any purpose except for the performance of the service and use reasonable means to ensure that unauthorized persons do not have access to such personal data; or
5. e. Otherwise abuse the service or the Shago App.

9. 9. Money Laundering and Terrorism Prohibition: You hereby agree to comply with the anti-money laundering and anti-terrorism regulations; and anti-corruption laws including but not limited to the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and other Financial Institutions in Nigeria) Regulations 2013, Economic and Financial Crimes Commission (Establishment, etc) Act 2004; Corrupt Practices and Other Related Offences Cap C31 Laws of the Federation of Nigeria 204; Money Laundering (Prohibition) Act, 2011 and Terrorism (Prevention) Act 2011.

10. 10. Indemnification: You hereby agree to indemnify, defend and hold Shago, its employees, agents and affiliates harmless from and against any claim, expense, liability, cost, loss or damage (including the cost of dispute resolution) caused directly or indirectly by your failure to comply with the terms of the agreement, your breach of representation or warranty, your failure to maintain the security of your mobile device and your negligence or international acts or omission in utilizing the service and your violation of any applicable law, statute, or regulation relating to your use of the service.
11. 11. Limitation of liability: You agree that to the extent not prohibited by applicable law, shago shall not be liable for any direct or indirect incident, consequential or exemplary damages for loss of profits, data or other losses resulting from the use or the inability to use the service incurred by you or any third party arising from or related to the use or inability to use, or the termination of the use of the Shago App, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof. In addition to the above, we shall not be liable for the inability to use the service or losses caused by events such as fires, flood, earthquakes, epidemics, unavailability of necessary utilities, strikes, blackouts, natural disasters and acts of regulatory agencies.

12. 12. Disclaimer of Warranties: You agree that your use of the services and all information and content (including that of third parties) is at your own risk and is provided “as-it-is” and as available basis. We disclaim all warranties of any kind as to the use of Shago App, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Shago App: (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the result that may be obtained from the service will be accurate or reliable, and (iv) any error in the service or technology will be corrected.

13. 13. Intellectual Property: This Agreement does not transfer to you any ownership or proprietary right in the Shago App or any associated content, technology, Software or any part thereof. Shago retains all intellectual property rights, title and interest in and to the Shago App and any associated content, technology, and software. Neither you nor any user you authorize will use the Shago App in any manner or for any property rights in the Shago App or contradict our business interest.

14. 14. Acceptance of Agreement and Amendment: Your use of the Shago App constitutes your acceptance of this agreement and other amendments that may be made from time to time. We will notify you of any material change to the agreement by providing a link to the revised agreement. Such amendments shall become effective upon your receipt of the notice. If a change is made for security purposes, we may implement the changes without prior notice to you. If you do not agree with the change, you may discontinue using the service. However, your continued use of the services will indicate your acceptance of the agreement to any changes with the service.

15. 15. Legal Rights for events of fraud, security breach or related conduct: In the event of your participation or suspicion thereof in activities such as fraud, security breach, misuse of the Shago App and other prohibited activities specified in clauses 6 and 7 above, we shall be entitled to take all preventive or corrective action permitted under the law not limited to the restriction of your access to the service, blacklisting or otherwise freezing the BVN provided, making formal reports to Economic and Financial Crime Commission (EFFC), The Nigerian Police Force (NPF) and other relevant security and regulatory authorities, or otherwise commence legal action in a competent court. Further to the above you hereby grant us authority to investigate, report, or take other actions as may be necessary to prevent or resolve the event described above and to recover the affected funds or other properties.

16. 16. Insurance: We do not provide insurance coverage for the safety of your personal effects, losses caused by fraud or security breach hence, you shall be solely responsible for obtaining all insurance policies as you deem fit.

17. 17. Premium Services: If you meet certain conditions, you will be entitled to the premium service on the App. You hereby undertake that there shall be a prompt settlement of the service as agreed by you. You will also comply with all relevant regulations including terms stipulated in this agreement or in other agreements which you execute with us and act in good faith at all times. The rule regulating this service may be reviewed or updated from time to time and shall include rules laid down by us, applicable financial institutions and regulatory authorities. It is your responsibility as a recipient of these services to stay informed on all reviews or update that may apply to you. In the event of a default in the use of this service received, we shall be entitled to take all legal actions as we deem fit including reporting you to/engaging the services of appropriate agencies.

18. 18. Privacy of Contract: The terms of this agreement apply to you as a user only and any person who is not a party to this agreement shall have no right by law or otherwise to enforce any of its terms.

19. 19. Governing Law and Dispute Resolution: Subject to clause 14 above, this agreement, and your rights and our obligations under this agreement, are governed by and interpreted according to the laws of the Federal Republic of Nigeria. Any dispute that arises from the use of the service shall be resolved by direct consultation between the parties. If the parties remain dissatisfied, the dispute shall be referred to arbitration, to be presided over by a sole arbitrator and the proceedings shall be coordinated under the Arbitration and Conciliation Act, Cap A18, Law of the Federation of Nigeria, 2004 and the Rules thereunder.

20. 20. Miscellaneous: We may waive enforcement of any provision of this agreement. Any such waiver shall not affect our rights concerning any other transaction to modify the terms of this agreement. No waiver of any breach of this agreement shall constitute a waiver of any prior or subsequent breach of this agreement held to be unenforceable or invalid by any court or regulatory authority of competent jurisdiction. The validity and enforceability of the remaining provisions shall not be affected, and in place of such invalid or unenforceable provision, there shall be added automatically as part of this Agreement or make provision as similar in terms as may be valid and enforceable, if possible.

21. 21. Termination: You can opt-out of the service by deleting and uninstalling the Shago App from your mobile device. Where you have received any of our properties including signages or banners, such items shall be returned to us within fourteen (14) days of termination. If you have any questions about these Terms and Conditions, please contact us on 09090000448, 09090000844.