Electronic Signature and Consent Agreement

This agreement is between you and Hidenor and Hedge Financial Services Ltd (RC 9669679), 8th Floor, NIPOST Towers, No. 1 Ologun Agbaje Street, Victoria Island, Lagos ("Safepay", "we", "us"). Safepay is a product operated by Hidenor and Hedge Financial Services Ltd.

It applies to every buyer and seller who uses Safepay on WhatsApp, on safepay.services, or through any other Safepay channel. It forms part of our Terms of Service and should be read with our Privacy Policy, Acceptable Use Policy and Refund Policy. If those documents conflict with this agreement on electronic signatures or records, this agreement prevails.

• Command: a keyword starting with # that you send to Safepay, such as #safepay, #release or #dispute.
• Deal Summary: the message Safepay sends to both parties setting out the item or service, price, fees, delivery terms, deadlines and the parties, before either party confirms.
• Confirmed Deal Record: the fixed copy of the Deal Summary that Safepay saves, with the date and time, once both parties have sent #safepay. It cannot be edited afterwards.
• Electronic Record: any message, voice note, image, Command, button tap or log entry created, sent, received or stored through Safepay.
• Electronic Signature: a Command, reply or button tap sent from your WhatsApp account to show that you agree to, approve or instruct something.
• Order Fulfilment Payment: money a buyer pays for a deal, managed in a designated account with our licensed banking partner until it is paid out or refunded under the Terms of Service.
• Your WhatsApp Account: the WhatsApp account, phone number and WhatsApp user identifier you use to talk to Safepay.

Before your first deal, Safepay will ask you to accept this agreement and our Terms of Service by replying YES. By doing so you agree that:

(1) Safepay may give you contracts, notices, receipts, deal updates and dispute decisions electronically, through WhatsApp, SMS, email or safepay.services, instead of on paper.

(2) Your Electronic Signatures, and the Electronic Records of your deals, have the same legal effect as a handwritten signature and a signed paper document, as permitted by section 17 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and sections 84 and 93 of the Evidence Act 2011 (as amended).

(3) You will not deny a deal, instruction or decision only because it was made electronically.

We record the date and time of your acceptance against Your WhatsApp Account.

When you type #safepay after receiving a Deal Summary, you confirm that:

(1) you have read the Deal Summary and it correctly states what you agreed with the other party;

(2) you intend #safepay to be your signature on it; and

(3) you accept the deal on those terms and on our Terms of Service.

A deal becomes binding only when both the buyer and the seller have sent #safepay on the same Deal Summary. Safepay then saves the Confirmed Deal Record. That record is the contract between the buyer and the seller, and it is what Safepay, its dispute reviewers and any arbitrator will rely on.

Earlier chats, voice notes or photos may help to explain a deal, but they do not change the Confirmed Deal Record. If the terms need to change, both parties must confirm the new terms through Safepay (for example with #agree or #extend).

If a Deal Summary is wrong, do not send #safepay. Reply with the correction, or use #cancel.

Each Command below, sent from Your WhatsApp Account, is an Electronic Signature with the meaning shown.

Where Safepay accepts a voice note or a button tap in place of a typed Command, it has the same effect as the typed Command, once Safepay has shown you what it understood and you have confirmed it.

Safepay does not manage your money itself. Order Fulfilment Payments are managed in a designated account with our licensed banking partner, as named in our Terms of Service.

If you are the buyer, by sending #safepay and paying, you instruct and authorise Safepay to arrange for your payment to be managed for order fulfilment, and then to have it:

• paid to the seller when you send #release, or as otherwise set out in the Terms of Service (including any automatic release deadline stated in your Deal Summary); or
• refunded to you, or split between the parties, where the deal is cancelled or a dispute is decided under the Terms of Service.

If you are the seller, by sending #safepay you agree that payment is made only on these terms, and you authorise payout to the bank account you have provided and that we have verified in your name.

Safepay's fees are shown in the Deal Summary and are deducted as stated there.

• Safepay keeps an Electronic Record of each Deal Summary, Confirmed Deal Record, Command, payment event and dispute step, with the date, time and the WhatsApp Account it came from.
• Confirmed Deal Records are stored so that they cannot be changed. Our records are the primary evidence of what was agreed and instructed, unless you show they are wrong.
• You agree that these records may be used as evidence in any dispute, arbitration or court proceeding. Where the law requires it, we will provide a certificate for computer-generated evidence under section 84 of the Evidence Act 2011.
• We keep deal records for at least 3 years after the deal closes, or longer where the law or a dispute requires.
• You can ask for a copy of your Confirmed Deal Records at any time by sending #deals or by contacting us. Copies are free.

Anything sent from Your WhatsApp Account is treated as sent by you. You are responsible for keeping your phone, SIM and WhatsApp secure, and for not letting anyone else use them.

If your phone, SIM or WhatsApp is lost, stolen or taken over, tell us immediately at contact@safepay.services. We will place your open deals under review as soon as reasonably possible after you tell us. Until then, we may act on Commands from Your WhatsApp Account.

Some agreements must, by law, be in writing on paper, signed by hand, witnessed or notarised. Safepay must not be used for them. These include the sale or lease of land or buildings, wills, powers of attorney, matters of family law, and any document of title. Items and services banned by our Acceptable Use Policy are also excluded.

You can withdraw your consent at any time by messaging STOP CONSENT to Safepay or by contacting us.

Once you withdraw:

• you cannot start or confirm new deals;
• deals you have already confirmed remain binding and will be completed, cancelled or decided under the Terms of Service;
• we will still send you notices about those open deals electronically; and
• withdrawal does not affect anything done before it.

To use Safepay you need a working WhatsApp account on a phone that can receive messages and display images, and a phone number registered in your name. Some records may also be available at safepay.services. If we change these requirements in a way that affects your access to your records, we will tell you first.

You must be at least 18 years old and legally able to enter into contracts to accept this agreement and use Safepay.

We process the personal data in your Electronic Records under our Privacy Policy and the Nigeria Data Protection Act 2023. This includes your messages, voice notes and photos, some of which may be processed by our technology service providers, including outside Nigeria. See the Privacy Policy for details and your rights.

We may update this agreement. We will notify you on WhatsApp at least 14 days before a material change takes effect. Changes do not apply to deals already confirmed.

This agreement is governed by the laws of the Federal Republic of Nigeria. Disputes are resolved as set out in our Terms of Service.

Hidenor and Hedge Financial Services Ltd (Safepay), 8th Floor, NIPOST Towers, No. 1 Ologun Agbaje Street, Victoria Island, Lagos.

Email: contact@safepay.services | WhatsApp: +234 704 700 2595 | Web: safepay.services