Terms and Conditions

These terms and conditions (“Terms of Service” “Terms of Use”, “the “Agreement”) outline the rules and regulations for the use of Scapa Systems and Solutions Limited (“SCAPA”, “the service provider”, “we”, “our”, “us”) Website/app and services (“SCAPA Services”), located at www.scapa.io and constitutes a binding legal Agreement between you and SCAPA. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our Services.

Please read these Terms of Service carefully before signing up as a Merchant. If you do not agree to any or all of these Terms of Service, do not use this site!

By accessing this website, signing up for an account on this website www.scapa.io and/or any of our services, you are deemed a Merchant (“Client”, “Customer”, “You” and “Your”) and agree and acknowledge that you have read, understand and agree to be bound by these Terms of service.

INTRODUCTION

Scapa Systems and Solutions (“SCAPA”) provides an order assurance platform for merchants’ retail and over -the-counter services which makes it easy for Merchants to accept payments with multiple choice service options. SCAPA provides instant on the spot Order Confirmation/payment, robust dashboard with relevant Metrics, multi-platform order channels, daily collection history.

We are independent for all purposes, providing this website and our services on an independent service provider basis. We do not endorse, have control or assume the liability or legality for the products or services that are paid for using our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction or perform a contract.

PRIVACY POLICY

SCAPA is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy here to understand how we use your information and the steps we take to protect your information.

REGISTRATION

To use SCAPA services, you have to create an account by registering. Registration requires that you will provide us with certain information such as your email, first name, last name, business name, home address, phone number, BVN, Account name, Financial Institution etc. We may verify your information, (by ourselves or through third parties), after which we will activate your account unless deemed risky or inaccurate. By registering and providing these details, you give us permission to verify this information. Please note that we only collect, process and store your data in line with our Privacy Policy.

TRANSACTION ID AND VIRTUAL ACCOUNTS

As part of your registration and on-boarding process, we integrate your business with our secure assurance platform, regulated financial institutions and payment gateways. You will be issued transaction IDs and virtual accounts to ensure a seamless experience. Note that your transaction ID and/or transaction details may be required to resolve any dispute.

By registering and using SCAPA services, you agree to keep us indemnified at all times against all third party claims against these payment gateways, payment switching provides, payment solutions service providers, terminal service providers, financial institutions etc. when processing your data linked to virtual accounts.

ACCOUNT SECURITY

You agree not to allow the unauthorized use and access of your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, SCAPA will not be liable to you for losses or damages. You are expected to take all reasonable steps to protect the security of the personal electronic device through which you access SCAPA’s Services (including, without limitation, using PIN and/or password protected personally configured device functionality to access SCAPA’s Services and not sharing your device with other people).

CHANGE OF INFORMATION

In the event that you change any information provided to us at registration including your business name, address, financial institution, or the products and services that you offer, or where a corporate restructuring occurs, you agree to notify us within 14 days of such change by sending an email to support@scapa.io

KNOW YOUR CUSTOMER

You agree that, you are solely responsible for verifying the identities of your customers and determining their eligibility to purchase your products and services.

You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide SCAPA with these details.

PRICING POLICY

You agree to pay us for the services we provide through our platform. Our Fees are calculated per transaction and deducted in accordance with the selected option during registration i.e. Merchant, your customer or split between merchant and customer. All charges are within allowable regulatory provisions. We reserve the right to revise our Fees. In the event that we revise our fees we will notify you within 5 days of such change.

SECURITY AND FRAUD CONTROLS

SCAPA is responsible for protecting the security of payment data in our possession and will maintain reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. Although, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. We will however take all reasonable and achievable measures to address any security breach as soon as we become aware.

You agree to use other procedures and controls provided by us and other measures that are appropriate for your business to reduce the risk of fraud.

In the event that you suspect any fraudulent activity by a customer, you agree to notify SCAPA immediately and quit the delivery of the service. In addition, where we suspect that there have been frequent fraudulent transactions on your account, we reserve the right to cancel our service to you and/or your account.

NOTIFICATION OF ERRORS

You agree to notify us immediately any error is detected while reconciling transactions that have occurred using SCAPA services. We will investigate and rectify the errors upon verification. In the event that we notice any errors, we will also investigate and rectify such errors. Your transaction ID and/or transaction details will be required to resolve all disputes.

Failure to notify us within thirty (30) days of the occurrence of an error will be deemed a waiver of your rights to the amounts.

REFUNDS

You agree that you are solely responsible for accepting and processing returns of your products and services. We are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services. You agree to submit all refunds for returns of your products and services that were paid for through SCAPA to your customers in accordance with this Agreement.

TERMINATION

You may terminate this Agreement by closing your SCAPA account. We may suspend your SCAPA Account and your access to SCAPA services, or terminate this Agreement, if;

CONFIDENTIAL INFORMATION

SCAPA and the user (collectively “the parties” and individually “party”) acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other or its officers certain confidential and proprietary information, including without limitation information concerning each party’s services, know-how, technology, techniques, business or marketing plans (the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of the disclosing party.

Confidential Information does not include information that:

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall:

REPRESENTATION AND WARRANTIES

You represent and warrant to SCAPA that:

Note: that our website and services are not directed to Merchants providing illegal services. We do not knowingly transact or provide any Services to these restricted entities or persons. Use of our website and services by minors or persons under the age of 18 are subject to supervision and approval of an adult.

INTELLECTUAL PROPERTY POLICY

SCAPA does not grant any right or license to any of its intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.

Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.

COPYRIGHT AND TRADEMARKS NOTICE

SCAPA owns the trademarks, logos and service marks and all intellectual property rights displayed on this website. All intellectual property rights are reserved. These may not be used without the prior written permission of SCAPA. Materials on this site are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without SCAPA’s prior written consent.

TRADEMARK LICENSE

By accessing SCAPA’s website or using any of its services, you are hereby granted a revocable, non-exclusive, non-transferable license to use SCAPA’S trademarks used to identify our services solely in conjunction with the use of our Services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to SCAPA (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks.

WEBSITE’S USE OF COOKIES

We employ the use of cookies. By accessing our website, you agree to use cookies in line with the SCAPA’s Privacy Policy. Cookies are used by our website to enable the functionality of certain areas and to ensure you get the best experience when using our website. Please see our full cookies policy here

HYPERLINK POLICY

There may be cases on our website when we provide hyperlinks to other websites on the Internet. These hyperlinks lead to websites published or operated by third parties who are not affiliated with or in any way related to SCAPA. They have been included on our website to enhance your user experience and are presented for information purposes only. We endeavor to select reputable websites and sources of information for your convenience.

However, by providing hyperlinks to an external website or webpage, SCAPA shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services/ products they provide on their websites, or to have any form of cooperation with such third parties and websites unless otherwise stated by SCAPA.

We are not in any way responsible for the content of any externally linked website or webpage. You use or follow these links at your own risk and SCAPA is not responsible for any damages or losses incurred or suffered by you arising out of or in connection with your use of the link. SCAPA is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by SCAPA.

Any links to websites that contain downloadable software are provided for your convenience only. Again we are not responsible for any difficulties you may encounter in downloading the software or for any consequences from your doing so. Please remember that the use of any software downloaded from the Internet may be governed by a license agreement and your failure to observe the terms of such license agreement may result in an infringement of intellectual property rights of the relevant software provider, which we are not in any way responsible for.

INDEMNITY

You agree to defend, indemnify and hold harmless SCAPA, its affiliates and their employees, officers, directors, representatives, contractors, business partners, successors and assigns (“SCAPA’s Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by SCAPA Indemnitees arising out of directly or indirectly related to:

SCAPA shall promptly notify you of any claim for which it seeks indemnification provided, however, that any delay in providing notification shall not vitiate your indemnification obligations unless you will be materially prejudiced.

DISCLAIMER

We try to keep SCAPA website and services available at all times, bug-free and safe. Use of SCAPA’s services is at your own risk.

Our website and services are provided without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, SCAPA makes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you through our website, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) shall create any warranty.

LIMITATION OF LIABILITY

We try to keep SCAPA website and services available at all times, bug-free and safe. Use of SCAPA’s services is at your own risk.

In no event shall SCAPA or any its respective officers, directors, employees, or agents be liable under contract, tort, strict liability, negligence or any other legal or equitable law with respect to SCAPA services or otherwise hereunder for any claim related to:

UPDATES, MODIFICATION AND AMENDMENT

SCAPA offers certain services to Merchants. SCAPA may add, remove, suspend, discontinue, modify or update the SCAPA Services at any time, at its discretion.

SCAPA reserves the right to amend, modify, amend or replace these terms from time to time as our technology and services evolve.

If we update, modify or replace these Terms, we will post the modification on our site or provide you with notice of the modification on your SCAPA dashboard.

By continuing to access or use the SCAPA’s Services after the effective date of the modification, you are indicating that you agree to be bound by the modified/updated Agreement.

As the Customer/Merchant, you agree that is your responsibility to check this Terms of Service periodically for changes. If the modified Terms are not acceptable to you, you must cease from using our website and/or services immediately.

GOVERNING LAW

These Terms of Service shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

LEGAL DISPUTES

Both Parties shall make efforts to settle amicably any dispute arising out of this Agreement. Where such dispute cannot be settled, by mutual agreement/negotiation within 1 (one) month, settlement shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of Parties. Where both parties are unable to agree on the choice of an arbitrator, the choice of arbitrator shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of Parties. Each Party shall bear its respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.

SEVERABILITY

If any portion of these Terms of Service is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Service and rendered ineffective and shall not affect the validity or enforceability of any other part in this Terms of Service.

COMPLIANCE MONITORING

SCAPA may monitor the use of the SCAPA Services for compliance with the Agreement. If we observe usage of SCAPA Services that we believe are not in compliance with the Agreement, SCAPA will notify you and give you five (5) business days to remedy the non-compliance. If the non-compliance is not remedied within five (5) business days, SCAPA reserves the right to suspend or terminate your use of its services. SCAPA also reserves the right to suspend the use of its Services without notice in the event that it believes, in good faith, the security of a Merchant’s account has been compromised, or the Merchant’s account is being used for an unlawful purpose and may suspend or terminate access to the services without notice for violation of the Agreement.

MISCELLANEOUS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and conditions to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.

CONTACT INFORMATION

If you have any questions, concerns, or comments about these Terms and Conditions, you may contact us using the information below:

Email: support@scapa.io; scapasystems@gmail.com

Chat: Scapa

Phone: +234 702 5441 510

Address: 55G, Prince Adebisi Omotola Close, Victoria Island, Lagos State, Nigeria.