These Terms and Conditions apply to the referral programme (the Programme) offered by Flutterwave UK Limited ("Flutterwave" or "Us"). Flutterwave is registered with the Financial Conduct Authority as an EMD Agent ( Ref. No 902084), of PayrNet Limited, an Electronic Money Institution authorized by the Financial Conduct Authority ( Ref. No 900594) (“Flutterwave” or “Us” or “We”) on the Send App by Flutterwave.

Please read these Terms (as defined below) carefully before participating in the Programme. By participating in the Programme, you indicate your acceptance of these Terms, the privacy policy and any other document applicable to your participation in the Programme. If you do not agree to these Terms, please do not participate in the Programme. We will update these Terms as necessary in line with any amendment we make to the Programme without notice to you. We will notify you anytime we update these Terms, but we also advise that you review these Terms occasionally to confirm that you agree with the provisions of the Terms.

If you have any questions on the Terms, please contact us at send@flutterwavego.com.

1. DEFINITIONS

The definitions and rules of interpretation in this clause apply to these Terms.

1.1. Account means a tier two User’s account on the Send App, opened and operated by you or such other type of account Flutterwave may determine.

1.2. Applicable Laws means all laws in force and effect as of the date hereof and which may be enacted or brought into force and effect hereinafter in the applicable Territory, including statutes, rules, regulations, directions, bye-laws, notifications, ordinances and judgments having the force of law, or any final interpretation by a court of law having jurisdiction over the matter in question as may be in force and effect during the subsistence of these Terms.

1.3. Documentation means a valid government-issued ID card issued by the country in which you signed up, within any of Flutterwave’s priority markets.

1.4. Flutterwave means the Flutterwave entity within the Registration Territory (as defined below).

1.5.Force Majeure means unforeseeable circumstances where the performance of Flutterwave’s obligations under the Agreement is not reasonable or practical. Such circumstances include natural calamities, accidents, fires, public disorders, walkouts, revolutions, hostilities, legislative acts, government orders and directives of the authorities, inaccuracy, unreliability, or unsuitability of the contents of the Platform which directly or indirectly prohibit the types of business stipulated herein, as well as any other circumstances beyond Flutterwave’s reasonable control.

1.6. Intellectual Property Rights means patents, rights to inventions, copyright and related rights, rights in software, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world relating to the businesses of the Parties or acquired by the Parties from time to time.

1.7. Minimum Transaction means a Transaction which involves currency conversion of up to the sum to be determined by Flutterwave, on the Platform by a User with an Account, or such other sum that Flutterwave may determine.

1.8. Platform or Send App means the Flutterwave platform for cross-border transfer of money.

1.9. Priority Market means the United Kingdom, the United States of America, Canada and countries under the European Union or such jurisdiction Flutterwave may indicate as a priority from time to time.

1.10. Referred User has the meaning in Clause 3.1.

1.11. Referrer has the meaning in Clause 3.1.

1.12. Referral Link means the unique invitation code or link which Referrers share with the Referred Users to sign up on the Platform.

1.13. Registration Territory means the country of residence of the User, selected during the registration of the Account.

1.14. Reward means the transfer credits as determined by Flutterwave that Referrers and the Referred Users benefit from participating in the Programme.

1.15. Terms mean the terms and conditions set out in this document, as may be amended from time to time by Flutterwave, at its sole discretion. The latest version of the Terms and Conditions is published at https://send.flutterwave.com/legal/terms#terms--terms-and-conditions-.

1.16. Transaction means any transfer of money by a User to a recipient in a different country or territory which involves a currency conversion via the Platform.

1.17. User means any individual who participates in the Programme. This includes Referrers and Referred Users.

1.18. User Information means the information and documentation that you are required to provide while registering for an Account on the Platform.

1.19. Verified Account means an account in good standing, which has completed the verification process of Flutterwave, not suspended and devoid of a fraudulent risk status.

1.20. Withdrawal Code means a code representing the sum of the Reward which can be applied as a credit voucher and redeemed as the referral reward during a Transaction.

1.21. You/Your refers to you as a User.

2. INTRODUCTION

The Programme allows Referrers to refer the Platform to the Referred Users in exchange for the Rewards.

3. ELIGIBILITY

3.1. The Programme is open to existing Users of Send App (the “Referrer”), who can refer new users (the “Referred Users”) to sign up on the Platform. 3.2. The Programme is limited to Users within the Priority Market and having the Registration Territory within the Priority Market. 3.3. The Referrer must have a Verified Account.

3.4. The Referred User must be a new User to the Platform who has, prior to the referral, never signed up on the Platform before or opened an Account.

4. REFERRAL PROCESS

4.1. The Referrer shall share their Referral Link with the Referred User and the Referred User shall sign up on the Platform using the Referral Link by providing the complete and correct User Information including providing a valid and verified means of identification issued by the government. Flutterwave retains the right to amend the referral process as directed on the Send App.

4.2. To complete the referral process, the Referred User must complete a Minimum Transaction on the Platform. 4.3. Once the Minimum Transaction has been successfully completed, the Referrer and the Referred User will be entitled to receive the Reward to their Accounts.

5. REWARD

5.1.Subject to the provisions and the conditions set out in these Terms, the Referrer and Referred User shall receive the Reward to their account for each successful referral from the successful conclusion of the Minimum Transaction by the Referred User.

5.2. Under the Programme, the Reward shall be payable in the currency of the Registration Territory or such other currency as Flutterwave may determine, notwithstanding the Users' country of residence. Flutterwave may review the Reward value at any time without notifying you.

5.3. A Withdrawal Code shall be generated for each User, representing the value of the Reward. The Withdrawal Code may be used as a voucher code when completing a Transaction. 5.4.The Reward can only be applied as a transfer credit on a Transaction of the User.

5.5. You are to ensure that in applying a Reward as a transfer discount on a Transaction, the Transaction value is greater than the transfer credit to be applied to such Transaction. You will only be allowed to apply the whole of the Reward available to you and not only a portion of the Reward.

5.6. The Reward will expire after twelve (12) months from the date of its issuance or such other time that Flutterwave may specify.

6. RESTRICTIONS

6.1. You as a Referrer cannot refer yourself or create multiple accounts to refer yourself with either the same or different User Information.

6.2. You cannot use any fraudulent or deceptive methods while participating in the Programme, including but not limited to using fake email addresses or social media profiles; offering incentives to Referred Users to sign up; using a hacked application; introducing unauthorised or harmful computer software or program to the Platform; reverse-engineer the Platform; interacting with the Platform with any robot, spider or other automated means; use of any affiliate website, affiliate network properties, automated systems, script; other deceptive means or unfair practices designed to annoy, abuse, threaten or provoke other individuals; misrepresent the identity of anyone; breach the applicable laws, infringe on the Intellectual Property Rights of any individual or interfere with another User’s use of the Platform or Programme or infringe on the rights of anyone; use the Programme to carry on illegal activities; generate income from the Programme other than the Reward; or any deliberate act to damage the legitimate operation of the Programme. 6.3. As a Referrer, you cannot make claims or representations to the Referred User not provided under these Terms or the Terms and Conditions of Send App (“Terms of Send App”). Bulk referrals, distribution to strangers, or any other promotion in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Flutterwave’s sole discretion, is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Programme.

6.4. Flutterwave shall not be responsible or liable for any advertisement, promotion or publication carried on by the Referrer or any User for the purpose of the Programme. Flutterwave does not authorise any User to display or reproduce any portion or part of the Platform, as part of their participation in the Programme. Flutterwave does represent or authorise that the Programme can be used for commercial purposes.

6.5.To claim the Reward under the Programme, the Referred User shall only register an Account through the Referral Link of the Referrer. The Referred User shall ensure that the User Information and document provided are correct and genuine.

6.6. You will not be eligible for or have access to any Reward under the Programme where the Referrer or Referred User’s Account is suspended or deactivated for any reason or has a fraudulent risk status or where Flutterwave believes the User is in violation of these Terms.

7. MODIFICATION

We may update these Terms from time to time for legal or regulatory reasons or for the proper operation of the Platform. We may notify you of such changes to the Terms before the changes take effect. If you do not wish to accept the new Terms, you should discontinue participation in the Referral Programme. If you continue to participate in the Referral Programme after the date on which the change comes into effect, your participation indicates your agreement to be bound by the new Terms.

8. ENTIRE AGREEMENT

These Terms alongside the Terms of Send App, constitute the entire agreement between the User and Flutterwave with respect to the Programme. Flutterwave shall have the authority to suspend or deactivate any account for breach of these Terms or the Terms of Send App.

9. PRIVACY STATEMENT

9.1. Your participation in the Referral Programme signifies your continuing consent to Flutterwave’s Privacy Policy (“Privacy Policy”) which you can read at any time by clicking the “privacy” link on the Platform.

9.2. Your User Information, your personal information from your use of the Platform and your participation in the Referral Programme will be subject to the Privacy Policy.

10. AVAILABILITY OF THE PROGRAMME

10.1. Although we aim to offer Users the best service possible, we make no promise that the Programme will be fault-free. If you encounter any difficulty or fault while participating in the Programme, please report it to send@flutterwavego.com and we will attempt to correct the issue as soon as practicable.

10.2. Your access to the Programme, your Referral Links or Withdrawal Codes may be occasionally restricted to allow for maintenance or the introduction of new features. We will attempt to restore the service as soon as we reasonably can.

10.3. Flutterwave retains the right to suspend, amend or discontinue this Programme at any time without notice to you.

11. PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY

11.1. The material and content accessible from this Programme, the Platform, and any other electronic platform owned, operated, licensed, or controlled by Flutterwave is the proprietary information of Flutterwave. Flutterwave retains all rights, title, and interest in the content. Accordingly, except as provided in these Terms, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Flutterwave. Modification or use of the content except as expressly provided in these Terms violates Flutterwave’s Intellectual Property Rights. Neither title nor Intellectual Property Rights are transferred to you by access to the Programme.

11.2. Trademarks, service marks, logos, designs, and images appearing in this Platform and throughout the Programme, are the property of Flutterwave or the party that provided the trademarks, service marks and logos to Flutterwave. Flutterwave and any party that provided trademarks, service marks and logos to Flutterwave retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Platform.

12. LIMITATION OF LIABILITIES AND DISCLAIMER

12.1.ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH YOUR PARTICIPATION IN THE PROGRAMME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLUTTERWAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAMME, OR THE INFORMATION, CONTENT, OR MATERIALS MADE AVAILABLE TO YOU THROUGH THE PROGRAMME, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAMME WAS BASED ON YOUR EVALUATION AND IS AT YOUR SOLE RISK.

12.2. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLUTTERWAVE DOES NOT WARRANT THAT THE PLATFORM, THE PROGRAMME, INFORMATION, CONTENT, MATERIALS, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGHOUT YOUR PARTICIPATION IN THE PROGRAMME, OR ELECTRONIC COMMUNICATIONS SENT BY FLUTTERWAVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FLUTTERWAVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLUTTERWAVE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

12.3. You understand that Flutterwave cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data input and output. Flutterwave does not assume any responsibility or risk for your use of the Internet.

12.4. FLUTTERWAVE, IT’S SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. HYPER-LINKS

Throughout the Programme, you may encounter hyperlinks to other websites which are not maintained by or related to, Flutterwave. Flutterwave has not reviewed any of such platforms and is not responsible for the content of those websites. Hyper-Links are to be accessed at the User’s own risk, and Flutterwave makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the websites hyperlinked to this Platform.

14. SECURITY

14.1.You are prohibited from using any services, facilitates, software, or programs in your possession or provided in connection with this Programme to carry out any illegal, unethical, harmful acts, or infringe on the rights of any User or individual, through the Programme. If you become involved in such actions, Flutterwave reserves the right to investigate such suspected violations of these Terms.

14.2.Flutterwave reserves the right to fully cooperate with any law enforcement authorities or court order which directs Flutterwave to disclose or support any investigation as it relates to any User and any suspected offence. By accepting these terms and conditions you waive and hold harmless Flutterwave from any claims resulting from or any action taken by Flutterwave during or as a result of its assistance to investigations by law enforcement authorities.

15. INDEMNITY

You will indemnify and hold Flutterwave, its Affiliates, Third-Party Providers (and their employees, agents, officers, directors, and contractors) (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of the content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses and attorney fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Platform.

16. ADVERTISING AND SPONSORSHIP

Part of the Programme may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for advertisement is accurate and complies with relevant laws. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

17. MISCELLANEOUS

17.1. As a new User on Send App, you will receive promotional messages, emails and other communications about the Programme or other similar programmes by Flutterwave, after two successful transfers. As a Referrer or a Referred User on the Platform, you may also receive notifications on your activities on the Programme including the availability of the Reward and the use of the Reward.

17.2. As a Referred User, you agree that Flutterwave will share some of your information with the Referrer such as when you meet each criteria on this Programme for example signing up, verification of account. As a Referred User, you may receive notifications and messages from the Referrer encouraging you to participate or perform any of the criteria.

17.3. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to a third party where we reasonably believe your rights will not be affected.

17.4. The failure of Flutterwave to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or the right to later enforce that or any other part of these Terms.

17.5. Flutterwave shall not be responsible for any breach of these Terms caused by Force Majeure.

17.6. Should any provision of these Terms be held to be invalid, unlawful, or unenforceable, such provision will be severable from the remaining provisions which will continue to be valid and enforceable.

17.7.The provisions on Applicable Law and method of dispute resolution provided in the Terms of Send App shall apply to disputes arising from the Programme. By participating in this Programme, you accept these Terms and agree to be bound by its provisions.