Terms Of Services
We value the trust you place in varmstra.com that’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and public circulation practices. By using Varmstra ,you agree with these terms
Varmstra is a brand or service of Visionarms, providedby Visionarms Nigeria Limited, Visionarms PLC. Cameroon, and Visionarms Solutions Pty Ltd South Africa.Visionarms Nigeria, Cameroon and South Africa are legally registered with Corporate Affairs Commission Nigeria, Cameroon Companies Corporate Registerand Companies And Intellectual Property Commission South Africa respectively.
A. Some Key Definitions
In this Agreement, the following words and expressions will have the following
meanings, except where the context otherwise requires:
1.0 Agreement means any and all terms and conditions contained in this document, including these terms, any schedule, annexure, or any other document enclosed with, attached or otherwise related to this document and signed by both Parties;
1.1 Account and or Wallet is an electronic stored value account on Varmstra created for use by the customer/client, Reseller & Business or , Reseller, Credits, debits and charges are applied to this Account. The Account can be access through any of our acceptable media, the web, mobile and USSD, in the countries with USSD support.
1.2.1 Reseller & Business refers to any party or device, including authorized varmstra Reseller & Business, resellers, cyber café shops., merchants, who are connected to us, meets the requirements to resell our products to clients, call shop owners, corporate bodies etc. Thereby facilitating varmstra transactions on behalf of customers with their communities and beyond.
126.96.36.199 Reseller refers to any party or device, including authorized teller/reseller outlets, Merchants, ATMs, connected kiosks and bank tellers that facilitate varmstra transactions on behalf of customers as may be required in your region or country.
2.1 BVN means Biometric Verification Number used by the banking industry in Nigeria and issued by a CBN approved financial institution. Applicable for Nigeria customers with Nigeria phone numbers only.
2.2 Content means all information whether textual, visual, audio or otherwise, appearing on or available through the services.
2.3 Credit means the movement of funds into an Account or Wallet.
2.4 Debit means the movement of funds out of an Account or Wallet.
2.5 IVR stands for Interactive Voice Response system, the automated phone line that allows a computer to recognize voice and keypad inputs.
3.1 Level 1 customer refers to a new customer who provides the minimum requirement listed in [4.9] below and is Knownas know Your Customer (KYC) requirements, either in a self-sign-up process or to a Varmstra Reseller & Business , authorized administrative centers.
3.2 Level 2 customerrefers to a Varmstra user who has submitted his phone number, full name, full address and a copy of a verifiable ID card or phone number or BVN as defined in the CBN three tier KYC requirements (for Nigerians only) either in a self-sign-up process or to a Varmstra reseller (teller outlet) or authorized administrative center.
3.3 Level 3 customer refers to a Varmstra user who has linked his Varmstra Account with his BVN or has linked his Varmstra Account to his bank account with one of the banking institutions licensed by the CBN and has provided all required KYC information as defined in the CBN three tier KYC requirements (for Nigeria residents only), either in a self-sign-up process or to a Varmstra reseller(teller outlets) or authorized administrative center..
3.4 Linked Bank Account/Card refers to the bank account or bank debit or credit card that you have linked to your Varmstra Account (wallet). This allows you to carry out transactions using funds from your bank account or bank card instead of using your Varmstra Account balance.
4.1 Merchant means any person or entity who offers and or accepts payment for goods or services using Varmstra partner gateway..
4.2 Mobile Payments describes the service or process that allows customers to make and receive a variety of payments using their mobile phone, among other channels. This service is available as part of Varmstra.
4.3 Merchant Payments describes the different merchants (bill/utility providers) we have partner with to enable our customers subscribe or pay for the merchants(bills) services offer or process that allows customers to make payments to a variety of utility bills and others using their mobile phone, the web and other channels that we accept. This service is available as part of Varmstra..
4.4 Mobile phone means any GSM or CDMA support device, which can make and receive telephone calls and send and receive SMS, among other communication options.
4.5 NUBAN For Nigerians, means Nigerian Unified Banking Account Number.
4.6 OTP means One Time Pin, used AS a security measures to authorize transactions or processes.
4.7 Varmstra refers to the financial services products offered by Varmstra.com, with a central feature being a transactional account(s) that may be used in relation to a wide variety of services. Some of which include top-up, MyDialer, merchant payments, money transfer etc. include top-up, MyDialer, merchant payments, money transfer etc.
4.8 PIN means personal identification number being the secret code you choose for secure use of (and access to) your Varmstra account.
4.9 Products refer to Varmstra products, including person-to-person money transfer, bill payments, airtime top-up, Varmstra retail payments services (clients) or other Merchant/business products and services provided through Varmstra ( like Reseller & Business, Reseller/teller outlets), and so on.
4.10 Registered phone number refers to any phone number that has been registered on Varmstra.
4.11 Services; any products and services provided to the customer as part of Varmstra.
4.12 Varmstra Wallet means an electronic stored value account on varmstra used to perform transactions.
4.13 Reseller & Business means any person or entity that offer its services or products through Varmstra..
4.14 USSD or Unstructured Supplementary Service Data is a real time messaging channel accessed from a mobile phone and allows user to interact with Varmstra and its partners.
5.1 Affiliate means, in relation to a Party, all other persons or entities which directly or indirectly (whether through one or more intermediaries or otherwise) Control, or are Controlled by, or are under common Control with, that Party or its successors-in-title from time to time;
5.2 Mobile Top-UpCredit means the value of airtime/data purchased by a Customer and credited to a Recipient in order to top-up their mobile prepaid account which may be consumed by the Recipient using the mobile phone services made available by its Mobile Operators’ terms and conditions (which may change from time to time). Such airtime credit (i) may be used to purchase multiple services offered by the relevant Mobile Operator such as SMS, Data Bundles, domestic and international calls, or mobile content; (ii) has a limited validity period depending on the service and denominations of the airtime credit which will expire after a period set by the Mobile Operator; and (iii) includes local taxes of the destination country such as value added tax and other local taxes;
5.3.1 Applicable Law means all laws, legislation, regulations, binding codes of practice, or rules or requirements of any relevant government or government agency, professional or regulatory authority applicable to the Parties in the Territory;
5.3.1 Business Day means any day of the week, excluding Saturday, Sunday and public holidays as gazetted by the government of Singapore from time to time;
5.3.2 Change of Control means, in relation to a Party ("the first party"), any event which results in a third party acquiring, or having the potential or right to acquire, the direct or indirect Control of the first party but excluding: (i) any event which results in a third party acquiring, or having the potential or right to acquire, Control of a parent company having direct or indirect Control of the first party where such parent company has all of its equity shares listed on a recognized stock exchange; and (ii) the sale of stock of the Party to the public;
5.3.3 Company Platform means the hardware, software, security systems and relevant databases that the Company utilizes to integrate with the varmstra Platform making use of the varmstra API in order to facilitate the sale and promotion of the relevant Products to its Customers through its POS Channels;
5.3.4 Confidential Information means the terms and conditions of this Agreement, any data which may reasonably be considered to be secret or confidential, commercial, financial, marketing or technical information, know-how, trade secrets or other information relating to either of the Parties, in any form or medium, whether disclosed orally or in writing before or after the Effective Date and whether or not marked as ‘confidential’ or ‘proprietary’ or other similar designation, together with any reproduction of such information in any form or medium, or any part of this information;
5.3.5 Control means, in relation to a Party, (i) the holding or beneficial ownership of fifty percent (50%) or more of the voting rights in that Party; or (ii) the right or ability to direct or otherwise control or exercise fifty percent (50%) or more of the voting rights attaching to that Party's issued ordinary shares (or other like instruments), or the right or ability to direct or otherwise control or exercise the voting rights attaching to a participation interest of fifty percent (50%) or more in that Party; or (iii) the right or ability to appoint or remove fifty percent (50%) or more of the board of directors (or such other body legally representing such Party) or to appoint or remove individuals able to exercise fifty percent (50%) or more of the votes exercisable at the meetings of the board of directors of such Party; or (iv) the right or ability to direct, or cause the direction, or general management of, affairs of such Party, and the terms "Controls" and "Controlled" shall have a corresponding meaning;
5.3.6 Customer means an entity or person who makes a Transaction for the purchase of any of the Products made available by the varmstra for the benefit of a Recipient pursuant to the Services;
5.3.7 Customer Support SLA means the Service Level Agreement setting out the customer care processes provided by varmstra and annexed hereto as Schedule C;
5.3.8 Daily Transaction Report means a report of all the individual Successful Transactions that have taken place in any 24 (twenty-four) hour period containing the details specified in clause 5.1.4;
5.3.9 Data Bundles means a set amount of data for use on mobile devices to access Internet content and which data is offered by a Mobile Operator in accordance with its terms and conditions;
5.4.1 Varmstra Account means the account which is set up by a customer/reseller/business on varmstra’sPlatform and such account allows the Company/individual to facilitate Transactions in respect of the Products made available by varmstra on its account;
5.4.2 Varmstra API means the application programed interface integration used by the developer to integrate its Company Platform to the varmstra Platform in order to process requests for Transactions made by a Customer for the purchase of (i) Airtime Top-Up Credit; (ii) Data Bundles; (iii) Goods Credit; and/or (iv) Mobile Rewards, on an ongoing basis;
5.4.3 Varmstra Platform means the hardware, software, security systems and relevant databases that Varmstra utilizes to (i) make available a range of Products from the Mobile Operators and Other Providers to the Company; and (ii) process Transactions made by the Customers for any Product purchased through a Company Platform;
5.4.4 Effective Date means the date that this Agreement takes effect which shall be the date the Agreement is signed by both Parties, and if signed on different dates, the date of the Party signing last in time;
5.4.5 Fees means the fees payable by the customer/reseller/business/Company to varmstra for each Successful Transaction pursuant to the Services;
5.4.6 Legal Mesasures means an event or circumstance whether natural or man-made, beyond the reasonable control of a Party that prevents or impairs such Party from performing its obligations under this Agreement either timeously or at all. For the purposes of this definition, an event or a circumstance shall be deemed to be beyond the reasonable control of a Party when that Party could not reasonably foresee, prevent, overcome or provide against it;
5.4.7 Goods Credit means the provision of credits for a certain value or amount which can be used to purchase various goods or services by the Customer and which are made available by the Other Providers in accordance with their terms and conditions such as, but not limited to, utility bill payments, prepaid electricity vouchers, e-gift vouchers, games and application subscriptions;
5.4.8 GUI means Graphical User Interface which is a type of interface that allows Customers to interact with electronic devices through graphical icons and visual indicators such as secondary notation, as opposed to text-based interfaces, typed command labels or text navigation;
5.4.9 Intellectual Property Rights means all intellectual property rights, including without limitation patents, registered designs, trademarks and service marks (whether registered or not), rights in the nature of unfair competition rights, copyright, database right, design rights, and all similar property rights including those subsisting (in any jurisdiction) in inventions, designs, drawings, performances, computer programs, semi-conductor topographies, Confidential Information, business names, goodwill and the style and presentation of goods or services and applications, and the right to apply for protection of any of the above rights;
5.5.1 Mobile Rewards/benefits/bonusmeans the loyalty, brand and/or incentive programs, campaigns or initiatives which may be used by the Company to reward their Customers directly to their mobile phones with Airtime Top-Up Credit, Data Bundles or Goods Credit;
5.5.2 Mobile Operators means the international mobile telecommunications network operators who have interconnected their prepaid recharge and billing systems with the varmstra in order to offer Airtime Top-Up Credit and Data Bundles to the Company pursuant to the Services;
5.5.2 MSISDN means Mobile Subscriber Integrated Services Digital Network-Number;
5.5.3 Other Providers means the service providers who have interconnected their prepaid and billing systems with the varmstra Platform in order to offer Goods Credit to the Company pursuant to the Services;
5.5.4 Personal Data shall have the meaning given in the Data Protection Legislation;
5.5.5 Personal Data Breach shall have the meaning given in the Data Protection Legislation;
5.5.6 POS Channels means the physical or digital point of sale channels made available via the Company Platform where Customers can make Transactions;
5.5.7 Products means Airtime Top-Up Credit, Data Bundles and Goods Credit collectively;
5.5.8 Recipient means the intended mobile user recipient who will receive the relevant Transaction purchased by a Customer on their behalf via the Company Platform pursuant to the Services
5.5.9 Retail Price means the retail price that varmstra recommends that the Company charges for the Products to its Customers;
5.6.1 Services means the services performed by varmstra for the Company which include (i) the processing of all Transactions made by a Customer for the purchase of Airtime Top-Up Credit, Data Bundles or Goods Credit to be transferred to Recipients through the Company Platform; or (ii) facilitating Mobile Rewards to be transferred to Customers through the Company Platform, as fully set out in clause 5.1;
5.6.2 Successful Transaction means a Transaction for (i) the purchase of a Product by the Customer which was successfully completed and delivered to the Recipient; and/or (ii) successful redemption of Mobile Rewards by the Customer;
5.6.3 Term means the duration of this Agreement being the Initial Term or Renewal Term as described in clause 3;
5.6.4 Transaction means an individual purchase of Airtime Top-Up Credit, Data Bundle or Goods Credit which is made by the Customer for the benefit of the Recipient and processed through the varmstra Platform via the Company’s varmstra Account. A transaction shall also include an individual redemption of Mobile Rewards by a Customer, which is processed through the varmstra Platform via the Company’s varmstra Account;
5.6.5 Territory means the territory or territories in which the Company markets, promotes and sells the Products to its Customers via the varmstra Platform through the Company Platform;
5.6.6 Wholesale/discount Price means the prices charged for the Products by VARMSTRA.
5.6.7 In the interpretation of this Agreement, unless the context otherwise requires:
5.6.8 Headings are for reference only and do not affect its meaning;
5.6.9 The singular shall include the plural and vice versa;
6.1 References to one gender shall include references to the other genders; and
6.3 The words “include”, “includes”, “including”, “for example”, or “such as” are not used as, and are not to be interpreted as, words of limitation, and when introducing an example do not limit the meaning of the words to which the example relates to that example or examples of a similar kin.
6.4 When any number of days is prescribed, such number shall exclude the first and include the last day, unless the last day falls on a day other than a Business Day, in which case, the last day shall be the next succeeding Business Day.
6.5 References in this Agreement to any statute or statutory provision include a reference to that statute or statutory provision as amended, extended, consolidated or replaced from time to time (whether before or after the date of this Agreement) and include any order, regulation, instrument or other subordinate legislation made under the relevant statute or statutory provision.
6.6 Any references to dates are dates construed by reference to the Gregorian calendar
6.7 The expiration or termination of this Agreement shall not affect those provisions of this Agreement which expressly provide that they will operate after any such expiration or termination or which out of necessity must continue to have effect after such expiration or termination, notwithstanding the fact that the clauses themselves do not expressly provide for this.
6.8 In its interpretation, the contra proferentem rule of construction shall not apply (this Agreement being the product of negotiations between the Parties) nor shall this Agreement be construed in favour of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement.
B. What Varmstra Offers
Varmstra is a visionarms service, and was designed to allow all its customers be able to do the following:
B.1.1. Sign up as a customer
B.1.2.Receiving access to our broad set of products and features within Varmstra.
B.1.3.Credit a Varmstra account with cash by;
B.1.3.1.Depositing at our reseller(teller outlet) locations in Nigeria, Cameroon and South Africa only check list here
B.1.3.2.Depositing at any of our collection banks;in Nigeria, Cameroon and South Africa only check list here .
B.1.3.3.Transfering funds into a Varmstra wallet from a Linked Bank Account/Card (local cards, Cameroon, Nigeria and South Africa Only. Check list here
B.1.3.3i.Transfering funds into a Varmstra wallet from a link master or visa Card (global.) Check list here
B.1.3.4.Receiving money into Varmstra account (wallet) from another Varmstra user/reseller/business account(wallet) using the wallet transfer menu in wallets.
B.1.4.pay or transfer money to a third party for personal reasons or as payment for physical or virtual goods or services already received or to be received in the future;
B.1.5.Transfer to local bank accounts ( For Nigeria, Ghana,Kenya,Uganda, South Africa and Tanzania’s varmstra customer only).We are working hard for more countries.
B.1.6.Transfer to a varmstra Account;
B.1.7.Pay Merchants(bills), that is ,by using the ‘’Payment in Nigeria’’ OR ‘’Pay Bill Wizard’’ menu in the customer or reseller and business accounts.
B1.8.ReceiveTransferred funds into Varmstra wallet from a Linked Bank Account/Card . Check list here . Received money from another party for personal reasons or as payment for physical or virtual goods or services already provided or to be provided in the future.
B1.9.Withdraw cash at any of our Reseller /Teller outlets or locations, Varmstra centers or otherwise.
B.2.No interest will be paid on the balance in Varmstra Accounts or Wallets unless you are subscribed to a product on Varmstra that generate you interest, such as signing up for an reseller or business account.
B.3.Any available funds in your Varmstra Account or Wallet can be utilized. However, the use of funds in your Transaction /Savings Wallet will be subject to the restrictions set out in this Term of Use.
B.5.We will do well to notify you of additional features that may be offered and where necessary, the applicable means or requirements to activate any such features.
B. Opening a Varmstra Account
Its strongly recommend that minors below 18 years should obtain consent from their parents or guardians before joining varmstra or providing information to any third party or before sending any information about themselves to anyone over any Varmstra channel.
In order to register to join Varmstra an active GSM or CDMA compatible mobile phone subscription on any supported mobile network is required, with an active email address.
Customers are limited to one (1) varmstra Account or Wallet per phone number. Multiple phone numbers can however be linked to the same Account or Wallet later(varmstra mobile money accounts holder only).
Upon sign up each account will be assigned a Varmstra account (wallet) that can be use to purchased any product in the varmstra platform and also an automatic My dialer account cridentials (username & password) that will grant you access to use our my dialer services on all my dialer platforms( apple store, play store and on computer soft phones).
To setup your Account or Wallet as a Nigerian, Varmstra requires your personal details including your name, phone number and BVN. You must provide complete and accurate information. Unregistered customers will not be able to receive cash to their phone number. They will also have limited use of varmstra pending registration. Also where an Account is opened without BVN or wrong BVN, such Account will be restricted until the BVN is provided and or updated on such Account. Varmstra is required by the CBN to verify all BVN’s collected.
By giving Varmstra your BVN ( Nigeria MoMo only ), you authorize Varmstra to collect and save you data from the BVN database as part of our KYC information to fulfil regulatory requirements. All KYC data collected will be treated as confidential. You also permit us to use your BVN to monitor, prevent and detect fraudulent activities and share the same with CBN authorized BVN stakeholders, for the purpose of deterring financial fraud.
In the process of verifying your identity and BVN, Varmstra has the sole discretion to refuse any Account or Wallet opening application for a number of reasons. In addition, we reserve the reserve the right to ask you before opening an Account and at any point during your use of Varmstra for supplementary information and identification documents as well as any supporting documents that we may deem necessary.
We reserve the right to screen all individuals and businesses against applicable sanction lists and the BVN watch list database and may decline account opening applications in the event they are found to be on any of the lists.
We reserve the right to immediately suspend or withdraw an Account or Wallet if we have reasonable grounds to believe that there may be a breach of security of that Account or Wallet, we suspect unauthorized or fraudulent use of that Account or we are required by law to do so.
If a fraudulent activity is associated with the operation of your Account or Wallet, you agree that we have the right to apply restrictions to your Account and report to appropriate law enforcement agencies.
C.COMMENCEMENT AND DURATION
3.1. This Agreement shall commence on the Effective Date OF Signup and shall continue for a term of 1 (one) year thereafter (“Initial Term”), unless terminated in accordance with the termination provisions of this Agreement.
3.2. Upon the expiration of the Initial Term, this Agreement shall automatically renew for successive 1 (one) year periods thereafter (each a “Renewal Term”) unless a Party provides the other Party with written notice of its intention not to renew this Agreement, at least 30 (thirty) days prior to the expiration of the then current term.
3.3. Notwithstanding anything to the contrary in this Agreement, either Party shall be entitled to terminate this Agreement at any time, without cause and liability, by giving at least 30 (thirty) days’ written notice to the other Party.
D. Adding Funding Sources to your Account
Visit our how to pay guide for detailed informations about how to add funds or may payment here
For MoMo (Nigeria) account owners,Varmstra may, acting reasonably and in accordance with regulation set by the Central Bank of Nigeria, vary the limits at any time and any variation will be notified to customers. Where a deposit exceeding the transaction limit for your category is made to your Account, we will notify you to upgrade your Account to the category that applies to such deposit within seven (7) days. In the event that you fail to upgrade your Account to the required category, we reserve right to place a restriction on your Account until such upgrade to the required category is affected.
In general, since we are working on money which require regulations by government authorities, we are bound to implement limits in transacts to avoid money laundry.
F. Varmstra Account Closure
1.3.1. On termination of the Agreement, the Customer/reseller/business Account will be deactivated and closed by varmstra on the instructions of the user. As such, the Customer/reseller/business is to request, by the registered email on account, the refund of any remaining prepaid credit balance in its varmstra Account.
1.3.2. To request a refund, a formal refund request shall be sent to varmstra by a written email address notice to email@example.com
1.3.3. All refund requests must include the customer/reseller/business name, username, email and phone .For companies, Company’s full corporate details being: Company’s name, registration number, registered address, bank details for refund, as well as justification for refund.
F.TERMINATION AND EFFECTS OF TERMINATION
1.1. Either Party may immediately terminate this Agreement at any time:
1.1.1. If the other Party materially breaches its obligations under this Agreement (RESELLER & BUSINESS only), and such breach remains uncured for a period of 30 (thirty) days following receipt of a notice of breach from the non-breaching Party;
1.1.2. If any of the representations and warranties set forth in clause 9 proves to be incorrect in any material respect;
1.1.3. If the other Party begins or has brought against it a case under any laws relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, the appointment of a trustee, receiver, custodian, liquidator or the like of that Party, or of all or a substantial part of the assets of that Party, and the case continues for 60 (sixty) calendar days;
1.1.4. In the event of a sale of substantially all of the other Party’s assets; or
1.1.5. If either Party ceases for any reason to carry on business.
1.2. Either Party may also terminate this Agreement by giving not less than 5 (five) calendar days’ prior written notice to the other Party:
1.2.1. In the event of any Change of Control of the other Party; or
1.2.2. If the other Party, in breach of this Agreement, tries to assign, delegate or otherwise transfer this Agreement or any of its rights or obligations under it.
1.3. Varmstra may also terminate or suspend this Agreement with 14 (fourteen) calendar days’ prior a notice if defects in or failures of the DT One Platform adversely affect DT One’s reputation. Before terminating or suspending the Services pursuant to this clause 16.3, Varmstra shall provide the reseller/business with an email notice identifying the defects or failures and giving the reseller/business 7 (seven) calendar days to remedy all defects and failures.
1.4. Any termination of this Agreement shall be without prejudice to the rights of either Party to recover any monies due under this Agreement.
1.5. In the event of termination or suspension of this Agreement:
1.5.1. Each Party shall immediately pay to the other Party any funds owing to the other Party, including any Fees relating to any Transactions;
1.5.2. Varmstra shall cease to process any Transaction via the its Platform;
1.5.3. each Party shall return to the other Party all information or equipment, including the Confidential Information, the software provided by or received from either Party, or developed by the Parties in performance of their obligations hereunder, and shall delete from, and retain no copy or record of, any of the foregoing on any computer memory or other medium on which it was stored, other than for archival purposes; and
1.5.4. Each Party shall cease using the other Party’s name, logo, and other branding material and shall stop holding itself out as providing any services in connection with the other Party.
Our Privacy Policies
A.1. Collection of Personally Identifiable Information
We collect personally identifiable information (email address, name, phone number, etc.) from you when you set up a free account with varmstra.com. While you can browse some sections of our site without being a registered member, certain activities (such as placing an order) do require registration.
We do use your contact information to send you offers based on your previous orders and your interests.
You are free to change your personal identifiable information on Varmstra at any time by contacting Customer Service or accessing your account profile online. Some of such information will be updated immediately, while others may require further verification before it is fully updated.
When you use Varmstra from a computer, mobile phone, or other device, we may collect information from that device regarding your browser type, location, and IP address, as well as the pages you visit for security purposes.
When using our mobile applications we ask for access to your phone contacts so you may more easily make payments to people in your phone contacts via the mobile application. We also give you the additional option to opt-in for your contacts to be uploaded to our servers. By uploading your contacts to our servers you can now access your phone contacts on other Varmstra.com channels for ease of transacting to people in your contacts. We will only upload to our servers if you give us the additional explicit permission. We will not share your contacts with any 3rd party.
You may also be require a permission to be granted in order to access the following features:
Camera: allows you take a profile picture, scan and capture payment card details to make payments easier and faster especially during KYC, and this varies with countries. Photo Library: allows you access to your photos as an optional source for your profile picture; Fingerprint or Facial Recognition: allows you securely log into the application where appropriate.
We will only ask for permission the first time the user attempts to use any of these functions. Thereafter the user may manage access through their settings option on the device. You agree that your information, including your personal information, your telephone conversations with our support team and your transactions may be recorded and stored for record keeping purposes for up to five years from date of closure of your Account.
Our top secured payment gateways use server firewalls and encryption to keep your Account information safe during transmission and in storage. They also use automated and social measures to enhance security, such as analyzing an account behavior for fraudulent or otherwise anomalous behavior, may limit use of Varmstra features in response to possible signs of abuse, and may suspend or disable accounts for violations of our customer terms and conditions.
2. Use of Demographic and Profile Data
Varmstra.com use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyses demographic and profile data about our users’ activity on our website.
We identify and use your IP address to help diagnose problems with our server, and to administer our website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like location, local government area, age, or income level). We use this data to tailor your experience at our site, providing you with content that we think you might be interested in–and to display content according to your preferences.
A “cookie” is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. Varmstra.Complies both permanent and temporary cookies in your computer’s hard drive. Varmstra.comcookies do not contain any of your personally identifiable information.
2.1. The Parties acknowledge and agree that each Party shall be an independent Data Controller of any Personal Data processed pursuant to this Agreement, except for the MSISDN in the event it may represent personal data for which Varmstra is acting as data processor of Mobile Operator or Other Provider.
2.2.When acting as Data Controller each Party shall:
2.2.1. Comply with its respective obligations as a Data Controller under the Data Protection Legislation in respect of the Personal Data; and
2.2.2.Not do, or omit to do, anything that would cause the other Party to be in breach of the Data Protection Legislation.
2.3. Where either Party intends to transfer Personal Data received from the other Party to a country different than the country of its origin, the Parties agree to ensure adequate level of Personal Data protection in the destination country. In the event of Personal Data transfer from a country within the European Economic Area (“EEA”) to a non-EEA country which is not subject to an adequacy decision by the European Commission, the Parties agree to comply with and enter into standard contractual clauses set out in the European Commission's Decision 2004/915/EC of 27 December 2004 for the transfer of Personal Data to controllers established in third countries. In the event the above standard contractual clauses will be amended or replaced by a different appropriate safeguard for Personal Data transfer, the Parties agree to comply with the new safeguard.
3. Sharing of personal information (CONFIDENTIALITY)
We may share personal information with our other corporate entities and affiliates to: help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co – branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt -in.
3.1. The Confidential Information shall at all times and unless otherwise agreed by the Parties remain the sole property of that Party disclosing it (the “Disclosing Party”) and the Party receiving it (the “Receiving Party”) shall use it solely for the purpose of performance of the Agreement and shall take appropriate security measures and keep the Confidential Information in such a way as to prevent its unauthorized disclosure.
3.2.Save to the extent that the Disclosing Party has given prior written consent, each Party understands that it may only disclose Confidential Information it receives.to those of its employees, officers, resellers, Affiliates, advisors, consultants, shareholders or board members (“Representatives”) who need to know such Confidential Information for the purpose for which it was shared on the basis that such Representatives will keep the Confidential Information confidential in accordance with the provisions of this clause 11 and any breach of these confidentiality obligations by any such person or any other person to whom the Confidential Information is disclosed by the Receiving Party will be treated as if the Receiving Party had committed the breach.
3.3.The restrictions on disclosure or use of the Confidential Information will not apply to:
3.3.1.Any information which is generally available to the public (provided that this has not happened because of a breach of this Agreement or any other duty of confidentiality between the Parties);
3.3.2.Any information which the Receiving Party possessed prior to disclosure by the Disclosing Party and where the Receiving Party was at the time of such disclosure free to disclose that information to others;
3.3.3.Any information independently originated by the Receiving Party or acquired by the Receiving Party from a third party in circumstances in which the Receiving Party is free to disclose it to others; and
3.3.4.Any information which the Receiving Party is required to disclose, retain or maintain by law, regulation or similar provision or any court, regulatory or government authority.
3.4.In the event of an actual, threatened or intended breach of this Agreement by a Receiving Party, in addition to any other rights and remedies available to the Disclosing Party at law or in equity, the Disclosing Party shall be entitled to preliminary and final injunctions, restraining such breach or threatened breach or intended breach. The Parties, to the extent that they are at any time a Receiving Party, agree to indemnify the Disclosing Party to the full extent of the law for any damage that might be caused as a result of a breach of the release of Confidential Information in violation of this Agreement.
3.5. All Intellectual Property Rights in and relating to the Confidential Information and belonging to a Party will remain the property of that Party indefinitely.
4. Links to Other Sites
Our site links to other websites that may collect personally identifiable information about you. Varmstra.com is not responsible for the privacy practices or the content of those linked websites.
Our site has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
5.1. We have responsibly made security of all our computers and systems, including implementing the measures set out below to protect data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access:
5.1.1. Industry standard physical security controls;
5.1.2. Industry standard user identifications and password controls including measures to prevent unauthorized or inappropriate password sharing;
5.1.3. The installation and maintenance of up-to-date virus protection software and patching of all relevant software;
5.1.4. Storing all sensitive data in encrypted form in line with industry standard encryption requirements;
5.1.5. Internal and external firewalls in line with industry standard requirements;
5.1.6. Regular back-up of data;
5.1.7. Secure destruction of data which is no longer required subject to retention requirements; and
5.1.8. Regular reviews and audits of network security.
5.2. Where each Party connects to the other Party’s platform as provided for under this Agreement, they shall:
5.2.1. Ensure that access to the other Party’s platform is restricted to persons authorized as mutually agreed between the Parties, and that all log-on and/or password details remain secure and confidential at all times;
5.2.2. Immediately notify the other Party if the security or confidentiality of its platform and/or any log-on and/or password details for any of its systems connecting to the platform are compromised or breached;
5.2.3. be responsible for the accurate and timely input of all data via the other Party’s Platform; and
5.2.4. be liable to the other for any and all losses, claims, liabilities and costs arising from unauthorized access and/or damage caused by malware emanating from the connecting Party’s platform.
We have Google Authentication Api and SMS authentication and more setup to enable all our customers both retailers and wholesale/discounted to have absolute security and achieve all the above and we expect our developers to have all the above security measures put in place.
Varmstra.com provides all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. If you want to remove your contact information from all varmstra.com lists and newsletters, please visit varmstra.com/unsubscribe. In the future, you can unsubscribe by clicking the one- click unsubscribe button located at the bottom of every email
7. Advertisements on Varmstra.com
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
8. Uptime Commitment
8.i.Varmstra shall use all reasonable endeavors ensure that the Services are available 99.5% of the time during each month of calendar year (planned maintenance excluded).
8.iiService uptime shall be calculated using the following methodology: Availability = (1 month – unscheduled unavailability) / 1 month)*100%
8.iiiThe service levels exclude “Excluded Events”. Excluded Events shall refer to the following:
8.v. Planned maintenance from varmstra notified to the Company 7 (seven) days in advance; and
8.vi.Outages and failures created by third parties (i.e. Mobile Operators and Other Providers).
9. Scheduled Maintenance
9.i.Varmstra may suspend access to the varmstra Platform in order to carry out scheduled maintenance. Maintenance takes between 30 (thirty) minutes and 2 (two) hours.
9.ii.Varmstra will give at least 7 (seven) days' written notice of scheduled maintenance, including the details of the expected Platform downtime.
9.iii. Service downtime during scheduled maintenance carried out by varmstra in accordance with this paragraph shall not be counted as downtime for the purposes of section “E. Uptime Commitment” above
B. Standard Response & Resolution Times
1. Varmstra will:
1.1. use reasonable endeavours to respond to requests for support services made through the helpdesk/knowledgebase ; and
1.2. use reasonable endeavours to resolve issues raised by a customer or reseller or business promptly or in accordance with the following response time matrix:
2. Varmstra will determine, acting reasonably, into which severity category an issue raised through the support services falls.
2.0 Escalation Procedure
1. Queries, problems or complaints shall be logged via the support e-mail in the knowledgebase or our contact form or our online live medias(whatsApp or live chat on the website).
2. The escalation procedure should be used as soon as the response time falls outside of the specified service level response time.
Varmstra makes use of system monitoring tools to ensure proactive management of all systems and applications on a continuous basis, allowing it to:
1. Monitor and report on the availability of the Services;
2. Determine the causes of a problem; and
3. Identify and isolate performance bottlenecks and perform capacity planning.
D . PRICING, FEES AND PAYMENT TERMS
1. Varmstra will provide to the customers, resellers and business owners the retail and wholesale Prices respectively for all it products and services such as , for (i) mobile Top-Up Credit; (ii) Data Bundles; and (iii) Goods Credit, (iv) international calling etc.Varmstra reserves the right to amend such it Prices at any time as the market or the need arises and may update all its resellers and business customers by email or any communication media.
2. By default, all the Products available on the customer or reseller/business varmstra Account carry a Retail Price which has been provisionally set by varmstra as a price which is fair and in line with the market.
3. Varmstra customize the Retail Prices with a discount rate directly on an reseller or business Account once customer upgrades to an reseller or business level or signup and activate reseller or business account .
4. Varmstra reserves the right to limit the amount set as the Retail Price/reseller/business for a given Product for legal or commercial reasons.
E. Fees, Invoicing and Payment Terms
1. The Wholesale/discounted Prices for every Successful Transaction processed by varmstra on behalf of a reseller/business pursuant to the Services, and the agreed Fee which shall be a percentage of the Wholesale/discounted Prices as agreed to by the Parties.
2. It is the Reseller/Business owner’s responsibility to ensure that its varmstra Account (wallet) has sufficient credit balance to cover the Wholesale/discounted Prices and Fees referred to in paragraph 1.2 of this Schedule D above. The Reseller/business’s deposits into their varmstrawallet, will be processed by Varmstra and made available in the Reseller/business walletalmost instantly in no time from the day the funds are credited using any of our acceptable payment method.
3. All payments can be made in any currency accepted by our payment gateways
4. All customers, resellers and businesses shall bear any bank charges or any costs incurred as a result from any payments transfers it makes pursuant to this Agreement.
18.3. Each Party shall bear its own costs of the arbitration unless the arbitrator directs otherwise.
10. What are your rights?
If you are concerned about your data you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge. At any stage you also have the right to ask us to stop using your personal data for direct marketing purposes.
Questions regarding this statement should be directed to the following address: firstname.lastname@example.org