General Terms of Service
This General Terms of Service Agreement (the "Agreement") is a legal agreement made and entered into as of the date of your affirmative acceptance of this Agreement (the "Effective Date") by and between You and Hubtel LTD, a private company in Ghana (registration number CS-206202016) with its principal place of business located at 63 Hotel Road, Kokomlemle – Accra, Ghana. ("Hubtel").
This Agreement shall govern your use of Hubtel's services, including mobile applications, websites, software, hardware, and other products and services (collectively, the "Services") and the legal entity on whose behalf you are registering a Hubtel account (the "Business").
Hubtel Account is the account you open or sign-in on Hubtel to use the Services and we reserve the right to suspend or terminate your Account by reason of inaccurate, untrue, or incomplete information, or failure to comply with the account registration requirements.
Hubtel Account History is a summary of account usage activities which may include transactions and statements on your account.
Fees are the surcharges deducted to your account for transactions processed.
Payment is the service charge for the Service use on pay as you go bases or on a recurring basis (Subscription basis).
Settlements are the proceeds available to you for on-wards transfer to your bank account or mobile money wallet.
Balance is the transactional value or amount held on your account.
Hold of Settlement is the right to defer settlement or restrict access to proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the service or by order of the courts.
License and Restriction is the right granted you in accordance with this Terms of Service.
Off-set right: To the extent permitted by law, we may set off against your Balances for any obligation You owe us under any Agreement (e.g., Chargebacks or refunds).
Chargebacks are claims on disputed transactions.
Contesting Chargebacks: You shall assist us when requested, at your expense to investigate any of your transactions processed through the Hubtel Services and we shall release corresponding reserved funds to your Hubtel Account is contesting chargebacks is successful.
Excessive Chargebacks: If we believe You might incur, or you are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your Hubtel Account.
Termination and Suspension: You are free to stop using the Hubtel Services anytime and we reserve the right to suspend or terminate your Hubtel account upon breach or abuse of the Service in accordance with the general terms.
Security: We have implemented technical and organizational measures designed to secure but you are responsible for safeguarding your password and for restricting access to the Services.
Indemnity: You hold Hubtel and its processors (and its respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses that you may incur from your use of the Services.
Consent and Notice: You consent to accept and receive communications from Hubtel, including e-mail, text messages, calls, and push notifications to the cellular telephone number and e-mail address you provide to us. Notice on Service use will be sent via these means.
Revision and Amendment: At any time with notice, we may update, amend or revise the Hubtel Services including mobile application, websites, software, hardware and other products.
Provision of Hardware and Third Party Products: All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer.
Use of Services on behalf of a Business: If you are using the Services on behalf of a business, that business accepts and agrees to these General Terms and any policies referenced within. The Business hereby engages Hubtel to provide the Services pursuant to the terms and conditions set forth in this Agreement.
Hubtel Account Registration
You must open an account with Hubtel (a "Hubtel Account") to use the Services. During registration, we will ask you to provide information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your Account, including for any actions taken by persons to whom you have granted access to the use of your Account. We reserve the right to suspend or terminate the Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Use of Information
We may use information about you to maintain and improve our Services, such as:
- Processing or recording payment transactions or money transfers.
- Displaying historical transaction or appointment information.
- Developing new products and Services.
- Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages.
We may use information about you to improve, personalize and facilitate your use of our Services. We also may use information about you to measure, customize, and enhance our Services, including the design, content, and functionality of our applications and websites, or to track and analyze trends and usage in connection with our Services.
Your Hubtel Account
Your Hubtel Account is an electronic money account which enables you to receive electronic payments and is denominated in the Ghana Cedi currency. You cannot change the currency of your Hubtel Merchant Account. The electronic money held on your Hubtel Merchant Account does not expire but it will not earn You any interest.
You have the right to withdraw funds from your Hubtel Merchant Account at any time. However, you may be required to confirm your identity beforehand. The electronic money on Hubtel Account belongs to the person or legal entity that is registered as the Hubtel Account holder.
Revisions
We may amend or revise the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by updating the revised version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
Restrictions
You must not:
- Use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms.
- Infringe our intellectual property rights or those of any third party in relation to your use of Hubtel Financial Services.
- Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Hubtel Financial Services.
- Use the Hubtel Financial Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
- Collect or harvest any information or data from the Hubtel Financial Services or our systems or attempt to decipher any transmissions to or from the servers running any Hubtel Financial Services.
- Disclose or distribute information relating to another User of the Hubtel Financial Services to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so.
- Access or register User logins via bots or other automated methods.
Actions by Hubtel
If in our sole discretion, we believe that you may have engaged in any violation involving matters outlined under "Restrictions" we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Hubtel and any impacted third parties and to ensure compliance with these Terms. Such actions may include, without limitation:
- Blocking the settlement or completion of one or more payments.
- Suspending, restricting or terminating your access to and use of the Hubtel's Services.
- Terminating our business relationship with you, including termination without liability to Hubtel of any payment service agreement between you and Hubtel.
- Taking legal action against you.
- Contacting and disclosing information related to such violations to law enforcement or regulatory agencies, and other third parties that may have been impacted by such violations.
- Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys' fees) that we may incur as a result of such violations.
Payment, Fees and Settlement
Hubtel is a payment facilitator that allows you to accept payments (Cards and Mobile Money) from customers for the payment for goods and services. Hubtel is not a bank and do not offer banking services. In connection with the Payment Services, you authorize us to act as your agent for the limited purposes of holding, receiving, and disbursing funds on your behalf. Your authorizations will remain in full force and effect until your Hubtel Account is closed or terminated.
Hubtel may offer services to be paid for on a recurring basis ("Subscription Services") or on an as-used basis ("A La Carte Services"). Hubtel has the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service.
Hold of Settlement
We may defer settlement payout or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Service. We also may defer settlement or restrict access to your Proceeds as necessary to comply with applicable law or court order.
Contesting Chargebacks
You will assist us when requested, at your expense, to investigate any of your transactions processed through the Payment Services. We will request the necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release corresponding reserved funds to your Hubtel Account.
Termination
We may at any time terminate your Hubtel Account without notice in case you breach any condition of these Terms of Use, or if you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our Services; or we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.
Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s).
Indemnity
You will indemnify, defend, and hold Hubtel and its processors (and its respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses arising out of any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms.
No Warranties
The services are provided "as is" without representation or warranty, whether it is express, implied, or statutory. Hubtel specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Hubtel does not warrant or guarantee that the services are accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect or secure.
Governing Law
This General Terms and any Dispute shall be governed by, construed and interpreted per the laws of the Republic of Ghana. Any dispute or difference whatsoever between the parties which may arise out of or in connection with this Agreement shall be referred to arbitration and determined under the provisions of Act 2010 (Act 798).
Contact Information
Please direct all questions and inquiries to:
- Call us on: 0307000576 / 0307008000
- Email us on: [email protected]