Purpose and Scope

• This Acceptable Use policy (“AUP” or “this Policy”) governs use of all information and communication technology, systems, hardware, software, applications, networks, website, web portal, APIs, gateway platform, POS, facilities and services provided or made available by Hydrogen or its affiliates from time to time, (hereinafter referred to as, “The Services”).

• This Policy applies to all and any users of our Service. Your use of our Service confirms that you accept the terms of this Policy alongside our Terms of Service and Privacy Policy.

• The AUP is not exhaustive and Hydrogen reserves the right to modify or update the AUP at any time by uploading a revised version to its website from time to time. You agree to check our website from time to time to note any changes to this AUP, as they are legally binding on You so far as you continue to use the service.

• Acceptable and Lawful Use

1. 1. You hereby expressly undertake to use Hydrogen’s services only for legal purposes in accordance with applicable laws. 

1. It is your sole responsibility to determine what constitutes legal use in your particular jurisdiction. Although we can provide general informational guidelines, this is for guidance only and as such your reliance on the informational Guidelines provided by us is at your own risk.

• Unacceptable and Prohibited Uses

1. 1. You are prohibited from using Hydrogen’s service in connection with any product, service, transaction or activity that:

1. violates any law or government regulation, (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising)

1. violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network (“Card Network”);

1. is fraudulent, illegal, deceptive, unfair or predatory;

1. causes or threatens reputational damage to us or any Card Network;

1. involves any of the prohibited business categories listed in clause 4 below;

1. results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

1. aims to reproduce, publish, post, share, copy, store, back-up or distribute:

• any illegal files or data, including infringing, offensive, obscene, threatening, libelous, or otherwise unlawful or tortious material;
• any material protected by the intellectual property rights of a third party (unless you have the necessary license or rights to such material); or
• material that contains malware, including but not limited to viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or any other similar software that may damage, interrupt or interfere with the operation of the Hydrogen’s Services or that of a third party;

1. aims to copy, disclose, reproduce or use the confidential information of Hydrogen or any third party without permission or otherwise in breach of your legal obligations to Hydrogen or any third party;

1. misrepresents or impersonates a person or attempt to gain access to or illegally track any other person, Customer, User, account, data, hardware, software, system or network related to the Hydrogen’s Services;

1. distributes socially reprehensible, unwanted, unsolicited or harassing messages, promotions, advertising, or solicitations;

1. are high risk activities without Hydrogen’s prior written approval;

1. seeks to attack, abuse, interfere with, surreptitiously intercept, or disrupt any part of the Hydrogen’s Services (including but not limited to denial of service, unauthorized monitoring or crawling), or otherwise tamper with the security of Hydrogen’s Services or any Customer, User, account, data, hardware, software, system or network related to Hydrogen’s Services;

1. Contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or

1. Are frivolous i.e making or accepting payments for goods or services where payment is not yet due and for which no invoice exists which can be presented to Hydrogen upon request, or

1. Hydrogen considers to be harmful or detrimental to its Customers, Users, business, operations or reputation.

1. Receive payments for high-value jewelry, precious stones, gems, gold, platinum, silver or minerals; and/or

• Prohibited Business Categories

• You are prohibited from using Hydrogen’s Services in furtherance of all or any of the following business activities, products or service: 

• Which falls within the Import Prohibition List of the Nigerian Customs Service or any government agency as may be updated from time to time 

• Businesses related to the sale and/or purchase of:

• banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer’s safety;

• blood, bodily fluids or body parts;

• burglary tools;

• counterfeit items;

• illegal drugs and drug paraphernalia;

• fireworks, destructive devices and explosives;

• identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);

• lottery tickets, sweepstakes entries or slot machines without the required licence;

• offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;

• chemicals;

• recalled items;

• prohibited services;

• unlicensed financial services, stocks or other securities;

• stolen property;

• items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of the relevant jurisdiction;

• sales of currency without BDC licence, cryptocurrency operators;

• obscene material or pornography;

• certain sexually oriented materials or services;

• certain firearms, firearm parts or accessories, ammunition, weapons or knives;

• any product or service that is illegal or marketed or sold in such a way as to create liability to Hydrogen; or

• production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services.

1. Transactions that:

• are related to Money Laundering, Terrorism Financing;
• are false, misleading or inaccurate;
• disclose the personal data of third parties in violation of applicable law;
• support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
• are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
• pertain to ammunitions and arms; and
• involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Hydrogen and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

• Unauthorized Interference

You hereby agree that:

1. You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission.

1. You will not hack or attempt to hack our site or any of our Platforms.

1. You will not cause or attempt to cause any interference with Hydrogen’s site and all related activities on the site, either via the  use of any device, software or routine. Your actions on our website shall not impose an unreasonably high amount of traffic or data on our infrastructure. 

1. You will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from our website without our prior express written permission. 

• Breach of the AUP

• Failure to comply with this AUP amounts to a material breach which immediately entitles Hydrogen to do all or any of the following:

1. Blocking the settlement or completion of one or more payments;
2. Suspending, restricting or terminating your access to and use of Hydrogen’s Services;
3. Terminating our business relationship with you, including termination without liability to Hydrogen of any payment service agreement between you and Hydrogen;
4. Taking legal action against you and/ or reporting you to law enforcement agencies;
5. Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
6. Assessing against you any fees, penalties, assessments, or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

1. Without limiting other remedies available to us, we may verify inaccurate or incorrect information you provide to us, contact you by means other than by electronic means, immediately warn our community of your actions,and  limit access to your account and any or all of the account’s functions (including but not limited to the ability to send money or make payments).

1. We reserve the right to terminate or restrict your activities on all or any of the following grounds: 

1. inability to verify or authenticate any information you provide to us;
2. Breach of this Agreement or the documents it incorporates by reference;
3. If your account or activities pose a significant fraud risk to us;
4. If we solely believe that your actions may cause financial loss or legal liability for you, our users or us;
5. If your use of our platform may be affected by any applicable rule stipulated by the Payment schemes or any  regulatory body
6. Your use of our Platform is deemed by us to constitute abuse of the electronic payment system or electronic payment rules, including (without limitation), using Hydrogen’s system to test card behaviours.

1. We also reserve the right to suspend any Activated Mandates or your instructions, without recourse to you if in our sole discretion;

1. We consider such suspension would be in the interest of any of the stakeholders on the platform; or
2. There are reasonable grounds to suspect a compromise of security or any unauthorized activity on your registered bank account or profile on the Platform.

1. Further to clause 6.4 above, you acknowledge that such a suspension may impact your ability to initiate any transaction, activate another debit against a suspended mandate or complete any duly authorized transaction for the duration of such suspension. Thus, we shall not be liable to you or any third party, for any reason whatsoever in this regard.

• Privacy and Security

You hereby grant us the right to conduct any investigation and due diligence in any manner we deem fit, on your background, nature of business, operation, Directors and Beneficial owners of your business, including but not limited to credit background checks, banking relationships and financial history. In addition, you further give us your consent to disclose the details of any investigation conducted pursuant to this clause, to Payment scheme, processors, Bank partners and/or regulators, without recourse to you.

• Warranties

You hereby warrant that:

• You are not a payment service provider and you do not intend to provide any form of aggregation services.

• You have never had an agreement with a Payment scheme which was terminated upon request and/or demand by the Payment scheme or any regulatory authority.

• You shall, upon written request by us, provide us with any information we request of you, including your company registration documents, and you hereby give us your consent to disclose any information obtained pursuant to this clause, to any government regulator or payment scheme provider.

• Report a Breach

Kindly report a suspected breach of this Policy by sending an email to hydrogenpay@….