Cardtonic’s Terms of Use

These Terms of Use, otherwise known as “Agreement” is an agreement between you and The Tonic Technologies Limited (the “Company” or “Us” or “We”). These terms of use will govern your use of ‘CARDTONIC’ and its services and products (the “Product” or “Platform”).

1. Acceptance of Terms

By registering and opening an account on CARDTONIC, you have unconditionally agreed to and accepted our terms of use.If you do not agree with any of these terms, please desist from using the CARDTONIC website, app, and its services.Please note that these terms may be revised and reissued at any time. Your continued use of the Cardtonic Platform will be deemed as an irrevocable acceptance of any revisions.Not withstanding the above, we will strive to notify you of changes to these terms which significantly affect your rights and obligations. Such notices shall be sent to the email address you provided as part of your account registration and it is your responsibility to keep your contact information up-to-date.

3. Eligibility

To be eligible for the use of CARDTONIC PLATFORM, you must:a) Complete the registration process.b) Not be less than 18 years of age as an individual and must possess the authority to accept the terms of use on behalf of or if it’s a company.c) Not have been previously suspended or banned from the use of Cardtonic Platform.d) Pass all KYC and compliance requirements.e) Not violate any law and regulation applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

4. Identity Verification

You hereby authorize CARDTONIC to, directly or through the use of a third party or parties, make any inquiries we consider necessary to verify your identity and/or your transaction and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports.You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

5. Security of Account

Cardtonic remains committed to the security of the platform, user data, and user assets, however, it is important that Cardtonic users treat the login credentials used to access the platform as confidential information and avoid disclosure to any other party, or parties.As a user, you hereby agree that you are totally responsible for the security of your account and its login credentials.Cardtonic shall not be liable for any loss or damage caused by authorized or unauthorized use of your login credentials.You hereby acknowledge that you understand that Cardtonic will never ask for your login credentials via email, SMS, social media, instant messenger, or any other channel.

6. Transaction Cancellation and Refund

Transactions on CARDTONIC may be canceled within a certain time window if requested by a user. Transactions may also not be canceled after a certain time window. You understand that the time window is totally dictated by Cardtonic, and generally depends on the transaction status and the processing stage.You invariably agree that Cardtonic ultimately dictates if a transaction may be canceled or not.Cardtonic may also cancel a suspicious transaction, or if we believe it's beyond our risk appetite, or if you are unable to provide all required information (like a purchase receipt) to verify the authenticity and legality of your transaction.

7. Transaction Modification

Cardtonic may modify a transaction if submitted with wrong transaction details (perceived or otherwise).By using CARDTONIC, you agree that Cardtonic may also modify your transaction in its best interest, or in your best interest, notwithstanding, our quality assurance policies ensure that you are satisfied as a user.

8. Prohibited Activities

The use of the CARDTONIC platform, or its services, or provided API prohibits that you:a) Breach its terms of use or privacy policies.b) Attempt to trade in an asset that was not legally obtained by you.c) Facilitate, engage or partake in any fraudulent activities including but not limited to any actions t defraud Cardtonic, its users, or any individual or company.d) Breach any laws and regulations applicable to you.e) Act in a defamatory or harassing manner to Cardtonic, its agents, or its users.f) Provide false personal information.g) Carry out automated activities that consume an unreasonable amount of Cardtonic’s infrastructure.You hereby acknowledge that Cardtonic reserves the right to restrict or terminate access to your Cardtonic account or take legal actions upon the reasonable suspicion or conviction that you have carried out any of the prohibited activities.

9. Proprietary Rights

You acknowledge and agree that Cardtonic is the exclusive owner of all intellectual property rights, including the Cardtonic Platform, services, logos, trade names, brand names, designs, and necessary software used in connection with the Cardtonic Platform. However, any proprietary rights associated with third-party logos, trade names, brand names, and designs shall belong to those third parties.The Cardtonic Platform may feature proprietary logos, service marks, and trademarks owned or used by the Company or others. Cardtonic is not granting you any license to use these proprietary marks by displaying them on the Platform, and unauthorized use may violate intellectual property laws.You understand and acknowledge that Cardtonic owns the Cardtonic Platform, and these Terms and Conditions do not transfer any ownership, rights, or title from the Cardtonic to you or any third party.

10. Privacy Policy

By using the Cardtonic Platform, you acknowledge and agree to be bound by the terms of our Privacy Policy, which is incorporated by reference into these Terms and Conditions and can be found here.Our Privacy Policy outlines the collection, use, and disclosure of personal information and other data by the Cardtonic Platform. You are responsible for reviewing our Privacy Policy to understand how we use your information and data.We may update or revise our Privacy Policy from time to time, and any changes will be effective immediately upon posting the revised Privacy Policy on the Cardtonic Platform. By continuing to use the Cardtonic Platform after any changes to the Privacy Policy, you agree to be bound by the updated or revised Privacy Policy.

11. Account Monitoring, Suspension, or Termination

Upon probable cause to believe that you have acted in violation of these Terms and Conditions or:a) That any content or material or asset submitted or shared by you in or through the CARDTONIC platform violates these Terms of use or the intellectual property rights, other property rights, or the right to privacy of any third party.b) We have reason to believe that your use of the CARDTONIC platform is in violation of any applicable law or regulation, or that you are using the services in a fraudulent manner or otherwise contrary to the purpose of this Agreement.c) We have reason to believe that you have supplied false, misleading, or deceptive information in connection with your registration, identity verification, transactions, or any other use of the services, either to us or to another user.d) You have not responded to our inquiries or supplied the information requested by us within a reasonable period of time.e) We are required to do so under any applicable law, regulation, or an order issued by an authority. f) If we determine that you have at any previous point in time violated this Agreement or any other agreement that you have entered into with us.f) If we determine that you have at any previous point in time violated this Agreement or any other agreement that you have entered into with us.Upon the occurrence of ANY of the above, CARDTONIC shall immediately close, suspend or limit your account.

12. Grievance Policy

CARDTONIC believes in providing excellent service and strives to be sincere and transparent in its approach to customer service. Your confidence in us is of paramount importance to us and we would never place our personal growth before your interest.We ensure a simply incredible and user-friendly experience for all our customers and in case of any complaint or concern, we do everything we can to fix them.CARDTONIC has developed a procedure for prompt attention to the grievances of its customers with respect to various issues by setting up a “customer support” and “a dispute resolution mechanism”.Customers can give their complaints/feedback only by using the live chat available on our public domain, calling our official contact number (07060502770), or sending an email to [email protected].You hereby agree that you are aware of our customer support channels, and we’re not liable for any damage or loss as a result of using any other unrecognized channel.

13. Disclaimers and Liability Limitation

Cardtonic shall not be liable for delays, failure in performance, or interruption of service which results directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, the act of civil or military authorities, the act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.Cardtonic does not have any control over the products or services provided by third parties or APIs in use on the platform. Cardtonic makes use of the best services, but cannot ensure that third-party APIs stay responsive.Cardtonic does not offer its services through social media. All transactions are done either on our official website (cardtonic.com), or on our mobile app downloadable on Apple Store or Google PlayStore.

14. Anti-Money Laundering Policy

Money laundering has been a major instrument through which major atrocities have been funded in this world, including wars, terrorism, government corruption, human trafficking, illegal gun trade, and drug trafficking, amongst many. Several governments, including that of Nigeria, have come up with laws, rules, and regulations all in a bid to eliminate money laundering and save the world from its effects.Some of these laws and regulations are the Money Laundering (Prohibition) Act, 2011 (as amended), Terrorism (Prevention) Act, 2011 (as amended), and the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks, and other Financial Institutions in Nigeria) Regulations, 2013.Cardtonic, as a responsible company, frowns at and is committed to fighting, money laundering, and fully complying with anti-money laundering laws in Nigeria.We are aware of the difficulties and risks that come with digital assets transactions, making it a popular channel for money laundering. To keep our company free of money launderers, we have come up with policies and structures that ensure that we comply with all government laws and regulations set up to fight money laundering. We have also taken steps to implement policies, independent of government input, which the company believes aids in preventing money laundering on its platform.Our policies and structures are regularly updated to keep our company compliant with changes in regulations and to keep us abreast and compliant with international best practices.In complying with the extant money-laundering laws and regulations, and international best practices, we:a) Created a compliance unit that is headed by a compliance officer who spearheads the company’s anti-money laundering policy implementation in line with government policies;b) Registered with the Special Control Unit against Money Laundering of the Economic and Financial Crimes Commission (EFCC) and cooperate with the Commission whenever the need arises;c) Are dedicated to the development of vetting systems to manage and mitigate risks of money laundering, discover suspicious transactions, and report such transactions to the relevant authorities;d) Review and identify areas of potential money-laundering risks and report such risks to the relevant authorities;e) Placed necessary transaction limits which are regularly reviewed by the company based on government policy or industry standards;f) Constantly cooperate with investigative efforts of security agencies and relevant government agencies by placing a lien on accounts being investigated for fraud, money laundering, and any other criminal activity;g) Do regular background checks on suspicious users based on transactions processed within the platform.

15. Governing Law

This Agreement and the rights and obligations of the Parties hereunder shall be governed by and interpreted and construed in accordance with the laws of the Federal Republic of Nigeria.

16. Contact Details

Email: [email protected]Phone Numbers: +234 (0) 1 343 0626 or +234 (0) 706 050 2770

This page was last updated in May 2023.