It is essential that you read and understand all the terms of each of our policies as well as all the other agreements that are applicable to you. For certain Services, we may have additional terms and conditions that we will communicate to you through the Service or by other means, and these supplementary terms and conditions shall be included in this Agreement.
This Terms of Service is an Agreement between you and Grey. It sets forth the terms and conditions that shall govern the use of the Platform and the services. It details Grey’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as the provision of this Agreement will bind you through your use of this website or any of our services.
Our Services permit you to move money in supported currencies, send or receive money into your Grey Balance, keep amounts in your Grey Balance, convert currency balances to balances in other supported currencies, pull out funds held in your Grey Balance, and send funds to recipients. We carry the sole authority to refuse to accept any user or to complete any command to transmit, receive, send, withdraw or convert money held in your Grey Account at any time.
We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction e.g. your recipient) in order to provide any services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. Grey reserves the right to close, suspend, or limit access to your Grey Account and/or the Services in the event we are unable to obtain or verify this information. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update or renew your Grey account with us or in the event of a dispute relating to this agreement and activity under your Grey account.
You are solely responsible for maintaining adequate security and control of any email IDs, passwords, or other details you use to access your Grey Account and Services. You agree not to allow anyone else to have or use your password details and comply with all reasonable instructions regarding account access and security. In the event you share your password details, Grey will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Grey’s services (including, without limitation, enabling 2FA, using PIN and/or password-protected personally configured device functionality to access Grey’s services and not sharing your device with other people). Immediately change your password and contact Grey customer support if:
We may suspend your Grey Account or otherwise restrict its functionality if we have concerns about the security of the Grey Account or any of its security features; or potential unauthorized or fraudulent use of your Grey Account or any of its security features.
Our website and services are directed to people aged 18 and above. You are only permitted to use the Services if you are 18 or older. We do not knowingly engage people younger than the age of 18.
For businesses, we hereby grant you a revocable, non-exclusive, non-transferable license to use Grey’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with Grey’s services. If you do not comply with the documentation and any other requirements provided by Grey, then you will be liable for all resulting damages suffered by you, Grey and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.
YYou represent and warrant to Grey that:
You agree to pay us for the services we render. Our Fees will be calculated as demonstrated on the Pricing page on the website. Subject to the terms of this Agreement, Grey will send to your designated bank or card settlement account (“Bank Account”) all amounts settled and due to you from your transactions, minus our stated fees, any Reversals, Invalidated Payments, Chargebacks, Reversals, Refunds or other amounts that you owe to Grey under this Agreement (“Payout”). Should either Party in good faith have cause to dispute any amount appearing on an invoice submitted by the other Party pursuant to this Agreement (“Affected Invoice”), the affected Party shall, within Forty-Eight (48) hours of receipt of the Affected Invoice, notify the other Party in writing, of such dispute, specifying the Affected Invoice, the specific amount in dispute and alleged reasons or grounds for dispute, failing which it will be deemed that the invoice is true and correct. We reserve the right to revise our fees. In the event that we revise our fees, we will notify you within twenty-four (24) hours of such change.
You can deposit money to your Grey Account through one or more methods such as; bank transfer (ACH, wire or swift, FPS or Chaps, SEPA tranfers etc.), credit cards or debit cards. The number of methods available to you will depend on a number of factors. Deposits into your Grey account are provided by third parties, for example, the card provider which issued your credit or debit card. We cannot guarantee the use of any particular deposit method and when appropriate, we may restrict or prohibit a particular deposit method at any time without notice to you.
We will credit your Grey Account once we have received your deposit, and we are only responsible for the funds deposited once we have received it. In certain instances, you may be asked to provide us with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate.
Grey is not a bank and banking services are provided by third party partner banks. The specified bank account details that we provide to you in order for you to receive funds from third parties are for accounts held by Grey (and we will credit your Grey Account, which is held by us, upon receipt of such funds), and are not for a bank account held by you. Funds held by Grey are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other deposit protection scheme. All Customer Funds are safeguarded; this means Grey does not use balances held by its customers for operating expenses or other corporate purposes and will not voluntarily make such funds available to its creditors in the event of bankruptcy.
You must ensure that the information you provide to us when you send or withdraw money is accurate. Once a transaction is processed, it cannot be reversed (except where and to the extent, required by applicable law) and except as expressly set forth in this Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).
Unless otherwise stated, Grey and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Grey website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to the intellectual property rights of Grey and its affiliates and their licensors and licensees (collectively the “Content”). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. This Content may not be copied, reverse-engineered, decompiled, disassembled, modified or reposted to other websites. Nothing on the Grey site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Grey website without the written permission of Grey or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.
The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations, or (iv) is independently developed by the receiving party.
As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.
GREY WILL TRY TO ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG-FREE. HOWEVER, IT IS USED AT YOUR OWN RISK.
OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM GREY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "GREY PARTIES") SHALL CREATE ANY WARRANTY.
WE HAVE THE RIGHT TO SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SERVICE WITHOUT NOTICE. WE WILL NOT BE LIABLE TO YOU IF FOR ANY REASON OUR SERVICES ARE UNAVAILABLE (IN WHOLE OR IN PART) AT ANY TIME OR FOR ANY PERIOD. YOU ARE RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY FOR YOU TO HAVE ACCESS TO THE SERVICES.
YOUR USE OF GREY’S SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: GREY WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER GREY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF ABOKI AFRICA’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE OR ARISING FROM THE RESULT OF USE OF GREY’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
For businesses, you agree that you are solely responsible for verifying your customers' identities, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.
You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide Grey with these.
You hereby indemnify Grey and undertake to keep Grey, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms, or arising from a suspension or other action taken with respect to your Grey Account, or arising from your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement or any other Grey policy. You will indemnify and hold Grey harmless from and against any claim, suit or proceeding brought against Grey arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.
If you have a dispute with any other Grey Account holder or a third party that you send money to or receive money from using the Services, you release Grey from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may terminate this Agreement by closing your Grey Account.
We may, in our sole discretion suspend or close your Grey Account and your access to Grey’s services and any funds, or terminate this Agreement, If;
Grey may take further actions it deems appropriate to deal with the breach, which may include, suspending your access to the website, prohibiting you from accessing the website and Services, blocking computers using your IP address from accessing the website and Services, contacting your internet service provider to request that they block your access to the website and Services and/or bringing court proceedings against you.
We may also suspend your Grey Account if it has been compromised or for other security reasons; or has been used or is being used without your authorization or fraudulently.
If we close your Grey Account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted prepaid money held in your Grey Account available for withdrawal. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by Grey, any other Grey customer, or a third party, caused by or arising out of your breach of this Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse Grey, any Grey customer, or a third party for any and all such liability.
On termination for any reason, all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
You may close your Grey account at any time by;
If there are any pending transactions relating to your Grey Account when you initiate account deletion, your Grey Account will be closed promptly after such transactions are completed.
Before closing your account, you should empty your currency balances. Unused balances in your Grey account may be lost, so ensure to use or remove all the funds in your account. Grey will not be liable for any losses that may occur due to failure to remove all funds in your account. To empty your balances, you should;
You’ll need to do this for each currency you have money in.
You must not close your Grey Account to avoid an investigation. If you attempt to close your Grey Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your Grey Account even after it is closed. As a regulated financial institution, Grey is obligated to retain some of your data for purposes such as security, fraud, accounting, reconciliation, anti-money laundering and reporting purposes.
If a dispute of any kind whatsoever arises between the Parties in connection with or arising out of the execution of this Agreement, including but not limited to any dispute as to opinion, instruction, determination, assessment, estimate, valuation, certification or invoice submitted by a Party, or in connection with this Agreement construction, validity, interpretation, enforceability of this Agreement shall be finally settled pursuant to the dispute resolution process described in this clause.
The Parties shall use their best endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion and negotiation pursuant to this clause.
If the Parties are unable to settle the dispute as indicated above within 15 (fifteen) Business Days, the dispute shall be referred to Mediation by the legal representative of either of the Parties. The parties will choose a mutually acceptable mediator.
The findings of the Mediator and subsequent award/Agreement shall be binding on both parties. Each Party shall bear its respective costs in connection with the Mediation.
With regard to your Grey Account, the following are considered Errors:
If you believe an Error of the type described above has occurred with respect to your Grey Account, and you duly contact us in accordance with the information above, we will investigate and determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Grey Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.
We will rectify any Errors that we discover. If the Error results in:
The following are not considered Errors:
The invalidity, illegality or unenforceability of any of the provisions of this Agreement shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
Without our prior written consent, you may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If you receive a payment that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is reversed, Grey will refund or reverse the transaction from your Grey Account in the same currency as the original transaction. If your Grey Account balance for a particular currency is insufficient to cover the amount of a refund or reversal, Grey will perform a currency conversion in order to refund or reverse the transaction, subject to the exchange rate being offered by Grey in the applicable currencies at that time.
If you receive a debit or credit card-funded payment through your Grey Account and you (or a third party) pursue a chargeback for the transaction with the card issuer, then Grey may assess you with a chargeback fee (for facilitating the chargeback process) and will remove the charged back funds from your Grey account.
Payments to you may be invalidated and reversed by Grey if:
When you receive a payment, you are liable to Grey for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.
If your Grey Account goes into a negative amount, including as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you or a third party, that negative amount represents an amount you owe to Grey and you promise to repay the negative amount immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative amount from you, for example, we may use a debt collection service or take further legal actions. We may charge you for any costs we may incur as a result of these collection efforts.
Grey reserves the right to change, revise or modify these Terms from time to time by updating this page. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We will also try to notify you of any material changes which could be done via the email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.
Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
Any access or consent you give to such third-party materials is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement.We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
The formation, existence, construction, performance, validity and all aspects whatsoever of this Terms of Service or of any term of this Agreement will be governed by the Laws of the United States of America.
This website is owned by Grey Inc. incorporated under the Laws of the United States of America. If you have any complaints or enquires about us and our Services, you may contact us at:
January 24, 2023