Cardtonic’s Terms of Use
These Terms of Use (“Agreement”) are between you and Cardtonic Technologies Limited (“Cardtonic,” “we,” “our,” or “us”). It governs your use of the Cardtonic website, mobile app, and services (the “Platform”).
Cardtonic is duly registered with the Nigeria Data Protection Commission (NDPC) as a Data Controller of Major Importance in line with the Nigeria Data Protection Act, 2023. We also comply with the Ghana Data Protection Act, 2012 (Act 843) and maintain registration with the Ghana Data Protection Commission (DPC) where required. This ensures your personal data is collected, stored, and processed in line with applicable national standards.
1. Acceptance of Terms
By registering and opening an account with 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. Notwithstanding 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.
2. Our Products And Offerings
Cardtonic as a platform bridges the gap between individuals who need liquid cash and businesses who need discounted gift cards as a payment alternative. We provide services using our website (cardtonic.com), mobile app, and API (all together referred to as “Cardtonic Platform”).Our services enable individuals to exchange gift cards and vouchers for cash equivalent (herein referred to as ‘customers’ or ‘clients’ or ‘users’), and also enable businesses to get discounted gift cards as payment alternatives (herein referred to as ‘partners’).
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 authorised or unauthorised 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 cancelled within a certain time window if requested by a user. Transactions may also not be cancelled 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 cancelled 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 to 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 licence to use these proprietary marks by displaying them on the Platform, and unauthorised 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.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 legal@cardtonic.com.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 is not liable for delays or failures caused by events outside our control (e.g., internet outages, regulatory actions, natural disasters).• Third-party APIs or services used on the Platform may fail; we are not responsible for their performance.• To the fullest extent permitted by law, Cardtonic disclaims liability for indirect, incidental, or consequential damages.Cardtonic makes use of the best services. 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
Cardtonic complies with:• The Money Laundering (Prohibition) Act, 2011 (as amended) (Nigeria).• The Terrorism (Prevention) Act, 2011 (as amended) (Nigeria).• The Central Bank of Nigeria AML/CFT Regulations, 2013.• The Ghana Anti-Money Laundering Act, 2020 (Act 1044) and related regulations.We maintain transaction monitoring, reporting, and KYC processes, including cooperation with regulators such as the EFCC, SCUML, and the Ghana Financial Intelligence Centre (FIC).
15. Governing Law
This Agreement and the rights and obligations of the Parties hereunder shall be governed by and interpreted and construed as follows:• If you are in Nigeria, these Terms are governed by the laws of the Federal Republic of Nigeria.• If you are in Ghana, these Terms are governed by the laws of the Republic of Ghana.
16. Contact Details
If you have any questions or concerns regarding these Terms of Service, please contact us via:Email: legal@cardtonic.com
18. Hyperlinking to Our Content
You may hyperlink to our website provided that the link:• Does not portray us in a false, misleading, derogatory, or offensive manner;• Is not used for illegal or fraudulent purposes;• Does not imply endorsement without prior written consent.We reserve the right to request removal of any link that violates these Terms.
19. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of our rights to enforce such provision in the future.
20. Force Majeure
The Company shall not be held liable or responsible for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, strikes, governmental actions, internet or telecommunications failures, or system outages.