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Busha Commerce
Terms of Service

Introduction
Acceptance of terms
Amendment of terms
Eligibility
Using this service
Busha account
Service availability
Risk warning and indemnity
Account information, verification and access
Account security
Restriction, suspension, temination
Notice
Prohibited activities
Third party sites
Limitation Of Liabilities
Disputes
Miscellaneous

Introduction

The following Terms and Conditions (these “Terms”) apply, in addition to the general Busha standard Terms of Use, to every user of the Busha Commerce platform made available through Busha Digital Limited.

Busha Digital Limited has made available to users that are merchants certain software services accessible via a mobile device or web application, this includes Busha Commerce. Busha Commerce (“Busha Commerce” or “Commerce”) enables users to: (i) accept cryptocurrency as a payment method for goods and services; (ii) self-custody digital assets; (iii) access reporting and invoicing capabilities; and (iv) additional functionality as Busha may add to the Service from time to time (collectively the “Services”).

These terms shall govern your use of all versions of the Commerce Application. These Terms are an addendum to the Busha standard Terms of Use. Therefore, this constitutes a legally binding agreement between you and Busha. You confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Busha Commerce platform.

For purposes of these Terms, any reference to "We", "Our", "Company", “Commerce”, “Busha”, "Us",and any similar term refers to Busha Digital Limited, and the terms "User", "You" and "Your" refer to a User of our platforms.
By registering for and opening a Busha Commerce Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also acknowledge and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements that may apply to your use of the Busha site and/or your Busha Commerce Account.

Please read these terms carefully before using any Busha service because they affect your legal rights and obligations. By using our service, you agree to these terms and are bound by the same; if you don’t agree with these Terms, don’t use the Service.

The following Terms of Use, as stated below, including our Privacy Policy (together referred to as“The Terms”), apply to any person that enrols for and/or opens an Account through www.busha.coor any associated service, software, API, or participates in limited offers.
We may update our terms from time to time. We reserve the right and sole discretion to make changes to these terms at any time. It is your responsibility to check this service periodically for changes. Changes to these terms are effective when they are uploaded to our service.

We will do our best to notify you of any amendments to these Terms that we consider likely to affect your rights and obligations materially. Any such notice will be posted on the Busha website or sent by email to the email address associated with your Busha Commerce Account.

Following any amendments, continued use of our service means acceptance and agreement to the changes. If you do not agree with any amendments made to these Terms at any time in future, you must stop using all Busha services with immediate effect. We will send you newsletters, service announcements, and other relevant information as you use our services. You may wish to unsubscribe from our mailing list.
By registering to use a Busha Commerce Account, you represent and warrant that:
  • As an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;
  • As an individual, legal person, or other organisation, you have the full legal capacity and sufficient authorisations to enter into these Terms;
  • You will not open, or attempt to open, a Busha Commerce Account under any name except your own; or use your Busha Commerce Account to carry out transactions on behalf of a third party;
  • If you act as an employee or agent of a legal entity and enter into these terms on their behalf, you represent and warrant that you have all the necessary rights and authorisations to bind such legal entity;
  • Your use of Busha’s Services will not violate any laws and regulations applicable to you, not limited to anti-money laundering, anti-corruption, and counter-terrorist financing.
Our Service does not address anyone under 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under 18. If you are a parent or guardian and know that your child or ward has provided us with any information without your consent, please contact us through details on the Privacy Policy; we will take steps to remove that information from our servers.
Using this service includes but is not limited to providing information, engaging in digital currency transactions, including buying and selling of supported digital currency, making submissions and participating in offers. You undertake to use this service only as permitted by law. You agree not to undertake the following:
  • Reuse, exploit, and misuse any portion of this service
  • Make any alterations that may interfere with the service provided.
  • Use the service to damage the server and impair the use of the service by other users. Use your Account to carry out transactions on behalf of a third party or open an account using the name and details of a third party.
  • Obtain unauthorised access to a third party’s account or the Busha database.
  • Illegal and prohibited activity as stated in the criminal code of Nigeria and violation of any law, statute or precedent in Nigeria
By opening a Busha Commerce Account, you accept and agree that Busha may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Busha Site or any Busha Commerce Account in a manner that is inconsistent with the letter or spirit of these Terms.

Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
You may be able to link the Busha Commerce Platform to your Busha account to enable access to your Busha wallet account from the Busha Commerce Applications. In doing so, you understand and agree that all transactions made when accessing your Busha account from the Busha Commerce Platform are subject to the terms of use for the Busha account and the Busha privacy policy.
While we will do everything we can to provide continuous operations, Busha does not provide any warranty in relation to the availability of the Busha Site, API or your Busha Commerce Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Busha Site or your Busha Commerce Account and make no representation that the Busha Site, Busha API, your Busha Commerce Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
Please note the risks involved in trading or holding Digital Currencies can be substantial. Digital Currency Services are not currently regulated by the Central Bank of Nigeria or any other regulator. Therefore carefully consider whether trading or holding Digital Currencies is suitable for your risk appetite.

Before using any of the Busha platforms, you should ensure that you understand the risks involved in buying, selling or trading Digital Currencies. The digital currency markets can be volatile, and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. Additional risks involved in buying, selling or trading Digital Currencies are explained on the Risk Warning page of the Busha website.

You should carefully assess whether your financial situation and risk tolerance are suitable for buying, selling or trading Digital Currencies. You are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with Digital Currencies. Busha does not, and will not, offer you any financial advice in connection with your use of or transactions conducted.

You are solely responsible for the decision to use our service to deal with our supported digital currency and accept the risk that underlying software protocols relating to the supported digital currency you store in your Digital Currency Wallet may change.

You indemnify Busha, its operating entities or any other affiliates (including their respective directors, members, employees or agents), to the maximum extent permitted by law, against any loss, liability action, cost, claim, damages, proceedings or expense that you may suffer, directly or indirectly, in connection with your Busha Commerce Account including (without limitation) the loss of digital currencies deposited (whether in whole or in part).

You accordingly hereby waive any claim that you may have against Busha arising therefrom (including in respect of any claim for direct, indirect, consequential or pecuniary damages). You understand and agree that should a counterparty become insolvent or otherwise deliver any deposited amount; this may impact your investment.
To use our service, you must open and create your own personalised Account. You confirm that all information provided is to open the account is accurate, and you agree to update your information once a change occurs. You will provide security for transactions carried out through your Account by ensuring sufficient local or digital currency in your account or at least the minimum closing amount.

In furtherance of our Anti-Money Laundering & Combating the Financing of Terrorism (AML/CFT) Policy, you agree to provide us with requisite information by filling out the Know Your Client (KYC form). Once the verification procedure has been completed and the KYC form has been filled out, users are granted access to our Service. Kindly visit this link for more information on our AML/CFT policy.

The required information will include but is not limited to the following: name, address, telephone number, e-mail address, date of birth, tax identification number (TIN), valid identification card number, bank verification number and bank account information (such as the name of the bank, the account type, sort code number, and account number).

We may be required to submit additional information on you your business, provide records to regulators or require you to meet with our staff in certain circumstances. This process is enhanced due diligence (“EDD”). We reserve the right to charge you for the EDD, and we will notify you of the same where appropriate. While we verify your identity and carry out the EDD, you agree that there may be delays accessing your account and carrying out transactions. Once the process is complete, your account will run seamlessly.

As part of the Identity Verification and EDD procedures, we are required to retain certain information even after we have closed and suspended your account, or you have terminated your account. See our privacy and AML/CFT policy for more information. To protect your Account, which comprises your wallets amongst others, keep your password and pin confidential and secure. You are responsible for any activity carried out using our service. Proceeds realised from the sale of your supported digital currency(s) will be credited to your Spot Wallet, less any applicable fees and taxes and interest. Busha reserves the right to, at any time:
  • Restrict or suspend your Busha Commerce Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or
  • Terminate your Busha Commerce Account if you provide, or we suspect you have provided, false information or refuse to provide the information we require for Identity Verification and/or EDD.
Retention of information. Busha is mandated to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Busha. We reserve the right to keep such information and documentation for the required period. You accept and agree that information and documentation you provide to Busha may be retained by us, including following the closure of your Busha Commerce Account.
Busha takes security very seriously and twe take internal measures to protect your Busha Commerce Account are explained on the Security page of the Busha website. However, you are solely responsible for:
  • Maintaining adequate security and control over your Busha Commerce Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Busha Commerce Account;
  • Keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Notices);
  • Maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your Busha Commerce Account.
You are to take steps to adequately secure your account details. We shall not be liable for failure to secure your account details which results in the unauthorized access to your Account and/or results in the tampering of local or digital currency kept in your Spot Wallet or any linked bank account(s). You accept that you shall be held responsible for all activities that occur through your account and accept all risks thereof.

Restriction, suspension, termination

Busha reserves the right to restrict, suspend or terminate your Busha Commerce Account where:
  • we reasonably suspect that your Busha Commerce Account and  is the subject of an operational or other error, in which case we may suspend access to your account until the error is rectified;
  • we reasonably suspect that your Busha Commerce Account has been or is being used with any unlawful, fraudulent or Prohibited Activity, or breach of these Terms or our standard Terms of Use;
  • we reasonably suspect that you or your Busha Commerce Account and is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
  • we reasonably suspect you of taking any action that Busha considers to be a circumvention of Busha’s controls, including but not limited to opening multiple Busha Commerce Accounts;
  • we reasonably suspect your involvement in any attempt to gain unauthorised access to any Busha Commerce Account and;
  • your Busha Commerce Account and is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance;
  • we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
Busha will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Busha Commerce Account unless we are prevented from doing so by any legal or regulatory process or requirement or where doing so may compromise Busha’s security and/or risk management procedures.

You accept and agree that Busha is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Busha Commerce Account. Busha shall have no liability to you in connection with the restriction, suspension or termination of your Busha Commerce Account.

You accept that, once your account is closed:
  • We reserve the right to delete all your account information on our server and the right to retain any information required for legal and operational reasons
  • It will not be accessible to you.
  • We are under no obligation to notify you of or provide you with any digital currency credited to your Account.
Busha will provide any notices relating to your account or your use of our service on the service or by mailing them to the email address provided by you. You consent to receive all notices electronically;

You have the hardware and software to access, receive and save notices sent to you electronically.  All information provided to us is valid and up to date.  Any notification sent to the email address provided by you will be deemed received once we send it.
You must not use your Busha Commerce Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):
  • violation of any laws, statutes, ordinance or regulations;
  • undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
  • abusive activity, including but not limited to, imposing an unreasonable or disproportionately large load on Busha’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Busha Site or Busha’s reputation;
  • attempting to gain unauthorised access to the Busha Site or any Busha Commerce Account;
  • transmitting or uploading any material to the Busha Site that contains viruses, Trojan horses, worms, or any other harmful programmes; or
  • transferring your Busha Commerce Account access or rights to your Busha Commerce Account to a third party, unless as required by law or with Busha’s prior consent.
  • fraudulent activity, including but not limited to taking any actions that defraud Busha or a Busha customer, or the provision of any false, inaccurate, or misleading information to Busha;
  • transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
  • sale or purchase of narcotics or controlled substances;
  • intellectual property infringement.
By opening a Busha Commerce Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity. Under no circumstances should you attempt to use your Busha Commerce Account to store, send, request, or receive currency or Digital Currencies in any form that Busha does not support. Busha assumes no responsibility or liability in connection with any attempt to use Busha Services for a currency that Busha does not support.

Third party sites

Our Service may contain links to other sites not operated by us. If you click on a third party link, it may direct you to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for any third-party sites or services' content, privacy policies, or practices. We do not guarantee the identity of any user or third party.
In no event shall Busha, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of your Busha Commerce Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Busha, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Busha’s records, programmes or services.

Without limiting the generality of the above, in no event will any liability of Busha, its operating entities, or any other affiliates (including their respective directors, members, employees or agents) arise concerning your use of your Busha Commerce Account, exceed (in aggregate) the fees earned by Busha in connection with your use of your Busha Commerce Account in the six months immediately preceding the event giving rise to the claim for liability.

The above limitations of liability shall apply to the fullest extent permitted by law in the Federal Republic of Nigeria.
You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the Busha Site, your Busha Commerce Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.This Agreement shall be governed by and construed per the laws of the Federal Republic of Nigeria. Parties agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the exclusive jurisdiction of the courts of Nigeria.
  • Entire Agreement: These Terms constitute the entire agreement and understanding between you and Busha concerning this subject matter and supersede all prior discussions, agreements and understandings of any kind between you and Busha (including but not limited to any prior versions of these Terms).
  • Breach: Should you suspect that your Account or any of your details have been compromised or you become aware of any fraud or attempted fraud or any other security incident affecting you and/or Busha. If that happens you must notify Busha Support immediately by email at hello@busha.co  or support@busha.co and continue to provide accurate information throughout the Breach. You must take the required steps to reduce and report any Breach. Busha will take into account any failure to provide prompt notification of any Breach.
  • Agency: Nothing in this Agreement shall be deemed or shall cause, either you or Busha to be treated as the agent of each other.
  • Invalidity of Terms: If any provision of these terms as may be amended periodically is determined to be invalid or unenforceable, in part or whole under any applicable law, this will not affect the validity of any other provision as stated in these terms.
  • Transfer: This agreement is personal to you, and you cannot transfer or assign your rights, interests or obligations to anyone else. We may transfer or assign our rights licenses, interests and our obligations at any time, including as part of a merger, acquisition or other corporate restructuring, provided that this transfer or assignment does not materially impact the quality of our Services.
  • Force Majeure: Busha is not liable for a breach or non-performance of the conditions of these terms to the extent that the breach is caused by circumstances beyond the control of Busha, its affiliates, employees or agents and for the period those circumstances persist.
  • Security: Busha will not be held responsible for any claims over any security.
  • Headings: Clause headings in these terms are for convenience only, and shall not govern the meaning or interpretation of any provision.
  • English Language Controls: These terms and any information that you or we will provide should be in English. The translation of these terms and other documents provided on this service is for your information. In doubt, the English language version of this Agreement and other documents shall prevail.
  • Contact Us: We are delighted to always hear from you. Visit our contact page here.

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