Merchant Services Use Terms and Conditions

These terms and conditions are effective from the successful date of merchant or client registration.

Your access and use of our products and services constitutes your acceptance and agreement to these terms and conditions of use (“Terms of Use”).

Please discontinue your use of our products and services if you do not consent to be bound by these terms of use.

Imara mobile reserves the right to seek all remedies available under the law and in equity for any violation of these terms of use.

These Terms of use apply in respect to any and all use of our products and services, both now and in the future.

Buy goods and services and pay using the Asante app to earn cash backs, points and gift tokens rewards.

1. Interpretation and Definitions

The words below have meanings defined under the following definitions whether in singular or plural.

“Members” means the persons who have registered to use the Asante services using the Asante platform.

“Login Interface” means the visual inputs through which users can access and authenticate themselves to the Asante platforms by providing valid credentials like user name and PIN/password.

“Account” means your Asante account provided through the registration process.

“Cashback Rewards” means the cash equivalent value of rewards you receive from a participating merchant.

“Points Rewards” means the points equivalent value of rewards you receive from a participating merchant.

“Merchant” means business registered by Asante to provide Asante services to Asante members or users.

“Charges”means prevailing tariffs for use of the Asante Services.

“Terms and conditions of Use” means these agreement terms and conditions of use as may be varied by us from time to time.

“Cashback Balance” means the total remaining amount of cashback rewards accumulated over time.

“Points Balance” means the total remaining amount of points rewards accumulated over time.

“Cashback” Means cash rewards as may be rewarded by participating merchants.

“Goods and Services” means such tangible and intangible items and products or brands that may be purchased or redeemed from participating merchants.

“Mobile Device” means your Mobile Phone and SIM Card or other equipment which when used together allows access to Asante services.

“Asante Services” means the services provided on the Asante Platform.

“PIN” means your personal identification number being used as the secret code you choose to access and operate your Asante members account.

2. Terms Of Services Use

Imara Mobile Limited will provide Asante platform services in accordance with the agreed terms.

Authorized User. This is a user who legally and successfully logs on to our digital platforms using their user credentials as provided during registration to perform tasks or and enjoy the services provided on the platform.

Authorization is the use of a user name in form of codes, numbers, emails addresses etc and password or PIN to login into the our platforms.

All the receipts amounts entered, Posted or transmitted from a Point of Sale (POS) by an authorized personnel from a merchant or client shall be deemed to be an approved transaction from the merchants or client.

All persons operating and using our platform shall be deemed to be authorized users with express permission to perform tasks as stipulated in the platforms.

Where applicable, all transactions where both the merchant and the client’s PINs have been entered from the merchant’s POS or clients mobile app to perform tasks, the transaction shall be deemed to be authorized by both the merchant and the client and both will have consented to the transaction.

A merchant is under all obligations to alert Imara Mobile Limited of any suspicious fraudulent activities by client or merchant workers.

Asante will alert a merchant of suspicious activities that will be raised as red flags for immediate action to be taken by the merchant.

Activities deemed suspicious on our platforms by user or merchant accounts shall be suspended with immediate effect to prevent fraud or illegal activities.

Activation of either merchant account or client accounts shall be undertaken after satisfactory investigations proving no threat to the platform, users and merchants.

Suspended accounts due to such suspicious activities shall only be reactivated after investigations and clarification from affected entities.

A purchasing customer at an active and not suspended participating merchants is eligible to enjoying our services available only after a successful transaction using our platform depending on the rewards, promotions or offers at the prevailing time.

All cash value accumulated shall be redeemed into the clients mobile money wallet when ever a customer needs depending on the prevailing limit amounts set.

Legal Entity.The merchant warrants that they are a legal entity and they have the right to operate a business in the jurisdiction where business is located.

We will send information/notifications to you via SMS to the registered Asante account Mobile Phone number supplied during registration.

We may contact you by email, telephone calls, SMS, or push notifications. We may also contact you for the purpose of providing updates or informative communications related to the products and service functionalities, security updates, down times, news and promotional campaigns.

Login Interface. Merchants will have access to the web login interface, through which they may manage the Services.

Accounts verification to use Services. The merchant and client must have registered with an Imara Mobile Limited account to use the services and they are responsible for the information that they provide to create the Account.

The merchants and the customers are solely responsible for security of passwords for the Account and any use of its Account. Asante has no obligation to provide multiple accounts to the Customer.

Platform Modifications. Imara Mobile will make continuous reasonable changes to the platform and services which may cause interruptions. We will en-devour to communicate these modification to our clients as and when required.

Change of Terms and Conditions. Imara Mobile Limited may change the terms and conditions from time to time and will alert the clients of those changes.

Discontinuation of Core Services. Imara Mobile Limited will notify clients of service discontinuity plus the reasons there in after three (3) Notifications either by telephone, email or sms.

Payment terms. Merchants may elect one of the service payments options as will be presented when takin on to used the platform. These payment options may include prepaid and post paid.

Change of payment terms. Imara Mobile Limited may change its payment options upon 30 days’ notice to the merchant and any such change will take effect as and when the merchant may desire to continue with the use of service.

Payment. Payments will be deducted based on the usage from the merchant balance at the prevailing charges.
Taxes. The merchant is responsible for taxes liabilities as a business. If Imara Mobile Limited is obligated to collect or pay taxes during any transaction, the taxes will be invoiced to the merchant and the merchant will pay such taxes to Imara Mobile Limited, unless the merchant provides Imara Mobile Limited with a timely and valid tax exemption certificate in respect of those Taxes. The merchant will provide Imara Mobile Limited with any applicable tax identification information that may be required. The merchant will be liable to pay or reimburse Imara Mobile Limited for any taxes, interest, penalties or fines arising out of any under declaration by the Customer.
Payment disputes. Any payment disputes must be submitted before the payment due date.
Availability of Credit. Nothing in this Agreement obligates Imara Mobile Limited to extend credit to any merchant or client.
Price revisions. Imara Mobile Limited may revise charges at any time unless otherwise expressly agreed. Imara Mobile Limited will notify the merchants of when the changes have been effected.
Compliance. The merchant will ensure that the employees complies with the use agreement and will use reasonable efforts to prevent and terminate any unauthorized use of, or access to, the Services and promptly notify Imara Mobile Limited if the merchant becomes aware of any unauthorized use of, or access to, the services, Account or the employee’s password.
Privacy. Imara Mobile recognizes and respects the merchants privacy rights and the importance of protecting the privacy of all information provided during the use of Asante services. Asante may collects business identifiable information that we use to to create your profile to administer your Asante accounts, provide support and update Asante the databases. The merchant is responsible for any requirements to permit the employee’s use of the Asante services while accessing, storing and processing of data.
Restrictions. The merchant and it’s employees will not copy, modify or create a derivative work of the services, reverse engineer, de-compile, translate, disassemble or otherwise attempt to extract any or all of the source code of, the Service, sell, resell, sub license, transfer or distribute any or all of the services, access or use the services in violation of the agreements.
Administration of Services. The merchant is responsible for ensuring and maintaining the confidentiality and security of the their account and the employees accounts and associated passwords/PINs and the merchant agrees that Imara Mobile’s responsibilities do not extend to the internal management or administration of the services for the merchant’s employees.
- Abuse monitoring. The merchant is solely responsible for monitoring the proper use of the platform while in use by the merchant’s employees.
Other Suspension. Imara Mobile Limited may immediately terminate, suspend all or part of the merchant’s use of the services if Imara Mobile Limited reasonably believes that the merchant and its employees use of the services could adversely impact the platform, or the Imara Mobile Limited network or servers used to provide the services.

Intellectual property rights. Except as expressly stated in this agreement, this Agreement does not grant either party any rights, implied or otherwise to the other’s intellectual property.
Customer Data Protection. Imara Mobile Limited will only access or use Merchant and client data to provide platform services. Imara Mobile Limited has implemented and will maintain administrative, physical and technical safeguards to protect merchant and client data.
Support Services. Subject to payment of applicable charges, Imara Mobile Limited will provide support to the merchant during the term in accordance with the Guidelines.
Confidential Information. The recipient of confidential information will only use the disclosing party’s Confidential Information to exercise the recipient’s rights and fulfill its obligations under the agreement, and will use reasonable care to protect against the disclosure of the disclosing party’s Confidential Information. The recipient may disclose Confidential Information only to its Affiliates, employees, agents, or professional advisors who may need to know it and who will have agreed in writing to keep it confidential. The recipient will ensure that it uses the received confidential information only to exercise rights and fulfill obligations under this agreement.
Termination. The term of this usage agreement will begin effective the date of registration and continue until the client decides not to use the platform for the agreed services.

Termination for breach. Either party may terminate this Agreement immediately on written notice to the extent permitted by applicable law, if a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice of the breach or b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
- No refunds. unless expressly stated otherwise in this Agreement, termination or non renewal under any section of this Agreement (including the Data Processing Amendment) will not oblige Imara Mobile Limited to refund any Fees.
- Publicity. The Customer may state publicly that it is an Imara Mobile Limited affiliate and display Imara Mobile Limited brand features and services in accordance with the agreed guidelines. Imara Mobile Limited may use the merchant’s name and brand features in online or offline promotional materials of the services. Each party may use the other party’s brand features only as permitted in the agreement.
- Disclaimer. Imara Mobile Limited does not make and expressly disclaims any warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, title, non-infringement or error-free or uninterrupted use of our services.
- Limitation of Liability. Neither party will have any liability arising out of or relating to the Agreement for any indirect, consequential, special, incidental or punitive damages or lost revenues, profits, savings or goodwill.
- Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, flood, drought, earthquake or other disasters like; hacking, viruses, malware or other malicious software attacks on the platform; civil war, civil commotion, threat of or preparation for war; epidemics or pandemics; or extra- constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.

Merchant Services Use Terms and Conditions

1. Interpretation and Definitions

2. Terms Of Services Use

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