LEGAL AGREEMENT

General Terms & Conditions

Last Updated: October 12, 2022

Table of content

  1. Introduction
  2. Binding Terms
  3. Condition of use
  4. User Accounts
  5. General Terms
  6. Services Modification and Prices
  7. Personal Information
  8. Prohibited Uses
  9. Exclusion of Warranties, Limitation of Liaility
  10. Intellectual Property
  11. Severability
  12. Termination
  13. Full Agreement
  14. Law
  15. Dispute Resolution
  16. Electronic Communications and General Notifications
  17. Link to Other Websites
  18. Changes to Terms of Service
  19. Contact Information

1. Introduction

Kalabash Technology Solutions Limited’s website is a Technological Solutions Company that creates easy and simple to use payment solutions for the everyday Business and individual Consumers. In using the terms "we", "us", "our" and "Kalabash" we refer to Kalabash Technology Solutions Limited, its affiliates, agents and/or our subsidiaries. The term "You", “Your”, “User” or “Customer” refers to the customer visiting the Website or Our App and/or using any of the Services we offer.

2. Binding Terms

This Terms and Conditions and the Terms of Use (the Agreement) of the Specific Services you intend to use serves as the agreement between the customer, Kalabash and the Merchants in respect of your use of this website ("Website") or any mobile application offered by or marketed by or on behalf of Kalabash. This Terms are a legally binding agreement between You and Kalabash and it governs your use of Kalabash’s services, our website, mobile app and any features, service and products that we may make available to You through our website or mobile app (collectively, the “Services”). We may offer certain products and Service directly to you and We may Partner with Banks, Airlines, Manufacturers (Merchants) to offer certain Products and services to You.
You are not allowed to transfer your rights and obligations under this Agreement without our express consent, however, we may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not proceed to use this service.

3. Condition of use

Your access to this Website and our service would be conditional upon your acceptance without alteration/changes of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). You agree to be bound by the agreement by accessing or using this Website in any manner. Ensure that you read the Agreement carefully. Please do not use this Website or service if you do not accept all of these terms and conditions. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to revise this Agreement without prior notice, and to withdraw or restrict access to the use of this Website or our service in whole or in part at any time also without prior notice. Your continued use of the website signifies your acceptance of the updated or modified Agreement.
To use this website you must:

  • Be at least 18 years of age.
  • Possess the legal authority to create a binding legal obligation.
  • Be willing to use this Website in accordance with this Agreement.
  • Have a Bank Account with a Licensed Nigerian Bank of Financial Institution.
  • Ensure all information requested by us and supplied by you on this Website which includes but is not limited to Name, Address, Mobile Telephone Number, Email Address, Bank Account Name and Number, Bank Verification Number etc. (User Information) is true, accurate, current and complete

4. User Accounts

To use some of our services, You must have a Kalabash Account, You can only have one Kalabash Account and to open a second account, you must seek and obtain our consent in writing.
In creating an account for use of the Services, You undertake to:

  1. provide true, complete and accurate information about You as may be requested through registration forms or any other means by Kalabash (“User Data”) and not misrepresent Your identity or account information;
  2. to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information.
  3. be fully responsible for any actions that take place using Your Account.
  4. Be responsible for all activities that occur with Your permission on Your account and also keep in confidence Your account’s password and user identification.
  5. Promptly update all user data if any changes occur and make sure they are correct and accurate at all times
  6. Immediately notify us of any circumstance which would prevent you for using the Services.
You will take all necessary steps to safeguard your Kalabash account if you have one, and will at all times be in charge for the use of your account or by any other person. We reserve the sole right to deny access to the use of this website and related services to anyone, at any time and for any reason, which includes the violation of this agreement.

Any account that remains dormant for a period of 18 Months will be closed. You may request to close your account with us at any time by using the appropriate link or sending an email to us at hi@kalabash54.com. This request will be processed within 30 working days. Upon closing Your account, we may cancel all pending transactions except it is legally prohibited, however Your liability in respect of all obligations owed to Kalabash will remain even after Your account has been closed.

5. General Terms

Our duty is to provide services that allows Users pay for Products and Services in instalments through our Pay Small Small Scheme, Pay Small Small (PSS) is a flexible payment plan that allow customers to lock down great deals by making as little as 25% down payment of the total cost and paying the rest in convenient installments.

We provide the following Services under our Pay Small Small Scheme:

  • a. Pay Small Small for Air Tickets.
  • b. Pay Small Small for General Products.
  • c. Loans, Etc.

6. Service Modification and Process

Kalabash may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a loan). Additionally, YOUR CONTINUED USE AFTER CHANGES HAVE BEEN POSTED MEANS YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE KALABASH SERVICES.
In the event of any material change made to this Agreement by Kalabash, we will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
All payments are to be made to Kalabash as provided on the website or via payment platforms as advised by Kalabash.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

7. Personal Information

Your submission of personal information through the site is governed by our Privacy Policy, which you can view here. (hyperlink the privacy policy link)

8. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, use of this site or its content or any of our Services is prohibited: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal or state regulations, rules or local laws; (d) to infringe or violate our or any third party’s intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other malicious code that is or may be used in any way that could compromise the functionality or performance of the Service or any related website, other sites or the Internet; (h) to collect or track personal information about others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to deal in any goods or services prohibited by law or (l) to interfere with or circumvent the security features of the Service or any related website, other sites or the Internet. We reserve the right to suspend your use of the Service or any related website for violating any of the prohibited use items.

9. Exclusion of warranties, limitation of liability

Warranties

We make no warranties as to the reliability, content, or availability of the services or any security breach from the transmission of sensitive information through our platform or services or the accuracy, reliability or completeness of the contents of this website, mobile application or services. In respect of the Services, we without limitation, do not warrant that it is does not infringe, neither is it merchantable or fit for a particular purpose.

Limitation of Liability

Under no circumstances shall Kalabash, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, as a result of the use of any of the services or products purchased through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or made available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of You or anyone else in connection with the use of the Services, including, but not limited to, damages arising from Your failure to provide Us with accurate information or a third party’s failure to correctly verify such information. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of Us and Our affiliates and suppliers to You for all claims arising out of or related to this Agreement or Your use or inability to use the Services will not exceed the amount of any affected order(s) giving rise to such damages. These limitations will apply even if the above stated remedy fails for its essential purpose

10. Intellectual Property

You agree that all content, logos, symbols, catch phrases, design, graphics, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Kalabash or one of subsidiaries.
You are strictly prohibited from using, publishing, copying or redistributing any part of the Services unless permitted in this Agreement. Your use of the Services does not in any way give you ownership of any intellectual property rights in any of the documents, contents or materials you use.

11. Severability

In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, that provision shall nonetheless be effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

12. Termination

The obligations and liabilities of the parties incurred prior to the date of termination shall survive termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease to use our site.
If in our judgment, you fail, or are suspected of failing, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our services (or any part thereof).

13. Full Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and the policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting group.

14. Law

These Terms of Service and any separate agreements in which we provide services to you shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

15. Dispute Resolution

In the event of any dispute between you and Kalabash, we encourage that you first contact us through any of our contact channels to try and resolve the problem directly. We may request additional documentation from You to assist Us in resolving any complaints or disputes, and You must provide all reasonable assistance to Us to facilitate Us in resolving all complaints and disputes. An attempt to arrive at a settlement shall be deemed to have failed as soon as one of the parties so notifies the other party in writing.

If an attempt at settlement has failed, the dispute shall be resolved within fourteen (14) days of commencement of such negotiations or within a longer period as agreed to by the parties, the dispute shall be referred to the Lagos Multi-Door Courthouse for mediation which shall be conducted in accordance with the LMDC Mediation Procedure Rules or other rules mutually agreed by the parties.

16. Electronic Communications and General Notifications

Electronic Mail Communications

  1. You consent to Electronically receive and access information and documentation from us via email or your Account all records, disclosures and notices related to Your Account or the Services that We would otherwise be required to provide to You in paper form. This consent will remain in effect until you withdraw it. You may withdraw this consent at any time by sending an email to hi@kalabash54.com.
  2. This withdrawal will be effective only after We have a reasonable period of time to process your request for withdrawal. If You fail to provide consent or withdraw consent, We reserve the right to restrict, deactivate or shut Your Account down.
  3. You also agree to receive SMS messages to the phone number provided by You to Kalabash, if you choose to open an Account, We reserve the right to send You text messages. You also warrant and confirm that the phone number You made available to Kalabash is Yours and represent that You are permitted to receive message with the number. In the event you change phone numbers, You agree to let us know and update same in Your account information.
  4. In the event there is any change to your email address, to ensure that We are able to continue communication with you, You must immediately notify us of the change by electronic mail or by updating your account details.

Short Message Service (“SMS”) Communications

  1. Kalabash shall send you text messages to verify your phone number or pass information on any service or payments that are due associated with the Services Kalabash provides. This SMS messages may be sent using automated SMS or automated phone dialing system
  2. You are solely responsible for any fee or rates that may be charged by Your telephone service provider in respect of SMS messages you may send or receive, any information about the said rates or fees should be direct to your telephone service provider.
  3. By adding Your telephone number, You agree to receive text messages for service notifications and verification codes from Kalabash. We do not sell your data.

You agree that Kalabash is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Our failure to send such a Disclosure or notice to the phone number or email address you have provided to us. In the event your mobile number, email address or other contact information on file is invalid, We will not assume liability for Your not receiving notification of availability of electronic Documents; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.

17. Link to other websites

  1. Links to other websites found on our website are provided solely as pointers to information on topics that may be useful to users of the Services, We have no control over the content on such websites, and we no warranties in respect the content of such websites, including the reliability, accuracy, exactness of the websites, we also do not warrant that such website or content is free from any copyright claims, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.
  2. If you choose to follow a link to a website not controlled by Us, you do so at your own risk. We do not in any way guarantee that any document on the internet is genuine.
  3. That a link is available on platforms does not imply any form of endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

18. Changes to terms of service

You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting the updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19. COntact Information

For more details about Travel Data please click here or Contact us at (customersuccess@kalabash54.com;
Hi@kalabash54.com; +2349087873536,
+2349087873512) or to the following postal address:

KALABASH.COM LIMITED
CBC TOWERS
PLOT 10, OLUBUNMI OWA STREET, LEKKI PHASE 1
LEKKI, LAGOS
NIGERIA