TERMS OF USE FOR STARTBUTTON
Last Revised: September 2023
1. Introduction
Welcome to Startbutton!
These Terms of Use (ToU)serves as a legally binding agreement and document between Start Button Limited, Startbutton Inc. (“Startbutton”, “we” “our”) and it’s affiliate subsidiaries and you (“you” “your” “User”). This Terms of Use sets our the terms of engagement, conditions of use for our website, product or services (“Platform”). It also sets out the rights and liabilities of the Parties during the pendency of this relationship.
This Terms of Use will take you a total of 10 minutes to read and we have simplified it to walk you through our website and how you can access our product.
We are the sole operator and owners of the Platform where we provide the Services under the terms of this Agreement. By accessing or using our Platform, you are agreeing to these Terms of Use and entering a legally binding contract with us and/or our affiliates. You shall not use the Services if you do not accept the Terms of Use or are unable to be bound by the Terms of Use.
2. Version control
We may make changes to this ToU from time to time and when we do, we will update the “Last Revised” date given above. We may notify you through your registered email address of the revisions made to this ToU. However, you understand that this may not always be practicable and when that occurs, you agree to waive your right to notification.
It is your responsibility to review this ToU frequently and to stay informed of all changes which may be made to it. The current version of this ToU will supercede all earlier versions
from time to time. By using our Services after a revision has been made to this ToU, you consent to be bound by the changes we made.
3. Definitions and Interpretations
Under this ToU, the following words and meanings will have the meanings ascribed to them:
3.1. Applicable Law means every law applicable to the services under this Agreement for the time being in force in our jurisdiction of operation;
3.2. Business Days means a day other than a Saturday, Sunday or a public holiday in Nigeria when banks are not open for business;
3.3. Confidential Information means information that is exclusive to the Parties to this Agreement and not available to the public. This includes but is not limited to written and oral contracts, technical know-how, business methods, business policies, memoranda, reports, records, customer list, supplier list, computer-retained information, notes or financial information, pricing or any such other information which may ordinarily be construed as confidential, which relate to the business of the company or to any of its subsidiaries or affiliates, that have industrial worth, value or industrial utility that when disclosed can affect the earnings of the company, reputation, or put the Party in a bad position and create unnecessary exposure.
3.4. Customer means the end user of the Product who does not have any intention of resale or further retailing the Product and is the final consumer of your Product. 3.5. Intellectual Property means copyright (including related rights), patents, trade secrets, right to inventions, goodwill, right to sue for passing off, right of designs, rights in computer software, domain names, right to preserve the confidentiality of information and in which case whether registered or unregistered.
3.6. Jurisdiction means the countries selected by you as countries of operation. 3.7. KYC means ‘Know Your Customer’ and it refers to the process of identifying and verifying the identity of a customer before establishing a business relationship with the customer;
3.8. Onboarding information means the necessary details in the KYC questionnaire provided by customers to Startbutton for access to Startbutton's services, upon verification by Startbutton.
3.9. Onboarding process means the activities and interactions that Startbutton implements to welcome, guide, and familiarize its new customers with its products, services, and overall brand experience.
3.10. Platform means https://www.startbutton.africa/ as updated from time to time. 3.11. Product means the products offered by the User to its customers through Startbutton;
3.12. Privacy Policy means Startbutton’s Privacy Policy.
3.13. Records means all electronic, financial, personal, or physical documents or information collected at the point of onboarding, during transactions, and throughout your engagement with Startbutton.
3.14. Reseller Fee means the fee that Startbutton will charge on all transactions processed on your behalf.
3.15. Services means Merchant of Record (MoR) reseller where Startbutton acts as your Reseller in countries you expand to.
4. Authorization
4.1. You grant and designate a non-transferable, non-exclusive license to Startbutton to resell your Products to third parties in the Jurisdiction of your choice as indicated.
4.2. Startbutton agrees that the authorization granted under this clause will be only for the purpose of reselling the Product to third parties in the Jurisdiction and for the performance of the obligations which are necessary and incidental to that.
4.3. You retain the full rights and obligations associated with the ownership of the product.
5. Acceptable Use Policy
Your onboarding and continued use of our Platform is subject to your compliance with our acceptable use requirements. You agree not to use our Platform or Services for any of the following:
5.1. the benefit of a country, organization, entity, or person sanctioned, embargoed, or blocked by any government, including those on applicable national and international sanctions lists identified by the United States Office of Foreign Asset Control (OFAC), Financial Actions Task Force (FATF), etc.
5.2. Facilitation of illegal transactions or doing by yourself or permitting others to do any of the following activities that;
5.2.1. circumvent any of the technical limitations of the Services or enable functionality that is disabled or prohibited via Startbutton’s API;
5.2.2. reverse engineer or attempt to reverse engineer the Services except as expressly permitted under Applicable Law;
5.2.3. access or attempt to access non-public systems, programs, data, or Services owned and managed by Startbutton;
5.2.4. copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, documentation, or Startbutton’s website except as expressly permitted by the laws relevant to the substance of this Agreement (“Applicable Laws”);
5.2.5. perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect the use of the Services by Startbutton’s other Users;
5.2.6. maliciously impose an unreasonable or disproportionately large load on our Platform.
6. Onboarding Requirements
6.1. In order to access our Services, you are required to complete our KYC Questionnaire where you will provide us with the following information (“Onboarding Information”):
6.1.1. The Nature of Business
6.1.2. First Name
6.1.3. Last Name
6.1.4. Email
6.1.5. Phone Number
6.1.6. Name of Company
6.1.7. Country of Registration
6.1.8. The Companies transaction value and volume
6.1.9. Country of Expansion
6.2. In order to verify the information you have provided to us, we will request that you provide documentary evidence.
6.3. We may request, in our sole discretion, any additional information or documents we deem necessary and appropriate in line with our assessment of risks relevant to you as a User, both in the course of our review of your application and throughout your use of our Services;