PEPSA.CO INDEMNITY AND ELECTRONIC SIGNATURE CONSENT AGREEMENT

Effective from: 26th February, 2025



  1. Introduction

This Indemnity and Electronic Signature Consent Agreement ("Agreement") is made effective from the data of creating Bank/Wallet account on Pepsa.co or it affiliate platforms, software, API, Apps, or through its accredited agents.

Between [Customer Name] ("User" or "Vendor" or "Merchant" or "Dispatcher" or "You") and 

Pepsa Solutions Ltd ("Pepsa.co," “Pepsa,” "We," "Us," or "Our"). This Agreement governs the indemnity obligations of the User and the use of electronic signatures in connection with use of Services, products, documents and disclosures related to your transactions with Pepsa.co.

I (COLLECTIVE WE) HAVE CAREFULLY READ THIS INDEMNITY AND ELECTRONIC SIGNATURE CONSENT AGREEMENT. I UNDERSTOOD IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND PEPSA SOLUTIONS  LTD, AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, (COLLECTIVELY, “PEPSA,” “Pepsa.co,” “WE,” “US,” OR “OUR”).

  1. Indemnity

  1.  Indemnity Obligations

The User agrees to indemnify, defend, and hold harmless Pepsa.co, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  1. User use of Pepsa.co’s services and/or products.

  2. Any breach by the User of any representation, warranty, covenant, or agreement contained in this Agreement.

  3. Any claim by a third party related to or arising out of the actions or omissions of the User in connection with any banking services provided by Pepsa.co.

  4. Any fraudulent or unauthorised transaction or activity conducted through the User's accounts with Pepsa.co.

  5. Any negligent acts or omissions by User or its employees, or agents


  1.  Limitation of Liability

Pepsa.co shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of deposit, revenue, profits, data, or use, incurred by the User or any third party, whether in an action in contract, tort, strict liability, or imposed by statute or otherwise, even if Pepsa.co has been advised of the possibility of such damages.

  1. Withdrawal of Consent to Indemnity Obligations

  1. User have the right to withdraw consent to the indemnity obligations at any time. To withdraw consent, User must notify Pepsa.co in writing and by deactivating User's account. 

  2. User withdrawal of consent to indemnity will be considered a request to deactivate Your (or Business) account and terminate Your (or Business) access to part or all Pepsa.co services and/or products. Be aware that the withdrawal of indemnity and the resulting account deactivation may result in delays or additional fees associated with terminating services. 

  1. Electronic Signature Consent

  1.  Scope of Consent

  2. User and Pepsa.co agree to use electronic signatures in their transactions and relationships. The User acknowledges that it has the ability to access and retain electronic records. The electronic signature will include but is not limited to, a check box, transaction pin, and/or password.

  3. By agreeing to this Agreement, User consents to the use of electronic signatures, electronic records, and electronic disclosures ("Electronic Records") in place of paper documents. User acknowledges that your electronic signature on any document or agreement is legally binding and has the same force and effect as User’s handwritten signature or Company seal.

  4. Pepsa.co will take reasonable measures to ensure the security of the electronic signatures, including (Security Measures). User is responsible for maintaining the confidentiality of Your (Business) account, email and phone number associated with the account, transaction PIN, and password.

  5. Pepsa will store and manage the electronic signatures and associated records by Record Keeping Standards.

  1.  Withdrawal of Consent to Electronic Signature 

  1. User have the right to withdraw consent to Electronic Signature at any time. To withdraw consent, User must notify Pepsa.co in writing and by deactivating User's account.

  2. Withdrawal of User Electronic Signature consent will also be considered a request to deactivate Your (or Business) account and terminate Your (or Business) access to part or all Pepsa.co services and/or products. Be aware that withdrawal of consent and the resulting account deactivation may result in delays or additional fees associated with processing paper documents and/or terminating services.

  1. Information Updates and Amendment of Terms of Agreement

  1.  Updating User Information 

  2. It is User responsibility to provide Pepsa.co with accurate and up-to-date contact information, including User's email address, phone number, and other details. User can update it information by completing the User KYC or KYB form.

  1. Right to Change and Update Terms of Agreement

  1. Pepsa.co reserves the right to change, modify, or update the terms and conditions of this Agreement at any time. We will notify User of any material changes by providing an updated Agreement through electronic means. User continuous use of our services after such notification will constitute User acceptance of the revised terms.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Oyo State, Nigeria without regard to its conflict of law principles.

  1. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

  1. Amendments and Waivers

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and consented by both parties, except as provided in Clause 4.2.

  1. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

  1. Acknowledgment and Consent to Electronic Signature

By checking the box, clicking "I Agree, You agree to the terms and conditions of this Agreement. You acknowledge that You have read (or read on behalf of your organisation), understand, and agree to be bound by this Agreement. You also confirm that You (or Your Business) can access Pepsa.co Services, security and retain Electronic Records and that You have the necessary hardware and software to do so.


CONTACT INFORMATION


Pepsa welcomes your questions or comments regarding the Terms:

PEPSA SOLUTIONS LTD

Support Email: Support@pepsa.co