Terms of Service
Last updated: 1st October, 2025
THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (hereinafter referred to as 'you'), AND MALO NEW WORLD SERVICES LIMITED (hereinafter referred to as "Malo", "we", "us", or "our"), A COMPANY INCORPORATED UNDER THE LAWS OF NIGERIA.
These Terms govern your access to and use of the Malo Wallet Mobile Application ("Malo App") (that is, the services), including all Digital Asset Services, Banking Features powered by PalmPay Limited, Gift Card Trading, and any other services provided through the Malo App or associated platforms.
BY ACCESSING OR USING THE SERVICES (Malo App), YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
PLEASE MAKE SURE YOU FULLY READ AND UNDERSTAND THESE TERMS AND KEEP THEM FOR FUTURE REFERENCE. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS.
Introduction
- We are Malo New World Services Limited, doing business as Malo (hereinafter referred to as 'Company', 'we', 'us', or 'our'), a company incorporated under the laws of Nigeria.
- We operate the mobile application MALO (otherwise called Malo Wallet, hereinafter referred to as the 'Malo App'), as well as any other related products and services that refer or link to these terms of service (the 'Legal Terms') (interchangeably, the 'Services').
- MALO (Malo Wallet) App is the most reliable platform to trade your USDT, BTC, DOGE and other digital assets.
- You can contact us by email at hello@malowallet.org.
- We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy governing the use of Malo Wallet App/Services at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notice of such changes or modifications. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
- The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
- Your acceptance of this Terms of Services occurs when you take the earliest of any of the following actions: (i) signing up for a Malo (Malo Wallet) account or any aspect, part, or component of the Malo (Malo Wallet) App/Services; (ii) using the Malo (Malo Wallet) App or Services; (iii) receiving the Terms, or notice of the Terms, including in connection with any transaction with Malo, whether by email, in the Malo (Malo Wallet) App, via our website, or by any other means not inconsistent with the electronic delivery provisions set forth in these Terms; (iv) giving Malo a written or electronic signature, clicking "I accept" or "I agree" to be bound as applicable; or (v) installing, using, updating, or otherwise interacting with your Malo (Malo Wallet) App.
We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
- The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- The Malo (Malo Wallet) App is the interface that allows you to use and interact with the Malo (Malo Wallet) App/Services. Some of these services may not be available to you depending on your jurisdiction or for other reasons. Without limiting anything in these Terms, to the extent that you choose to use those services that are available to you, you agree to be bound by the terms specifically applicable to such services.
- Malo Wallet allows you to top-up Digital Assets from external wallets and store Digital Assets with Malo. You can also deposit your Naira on Malo Wallet and later withdraw it to your naira bank account or use it to purchase digital assets directly on the Malo Wallet. The Malo (Malo Wallet) App gives you interactive access to your Digital Asset, including allowing you to perform one or more of the following actions:
- Link your fiat (government-issued currency) bank account to Malo Wallet;
- Deposit your naira into the Malo Wallet from your fiat (government-issued currency) bank account and withdraw your naira from Malo Wallet into your fiat bank account;
- View the balance and Transaction History of your Digital Asset on Malo Wallet;
- Obtain instructions on how to load your Digital Asset on Malo Wallet;
- Make deposit and or request for a Digital Asset Transfer or withdrawal from your balance held in your Malo Wallet;
- Request a Digital Asset Conversion or top-up;
- Request a purchase of Digital Asset and or sale of your Digital Asset to/from Malo Wallet; and
- Transact through our P2P feature which includes escrow wallets.
- Any incentive program(s) (including but not limited to any kind of reward, cashback, Lock up or referral programs) that may be launched or offered via the Malo Wallet App from time to time. Users who undertake certain activities within the Malo Wallet App to get rewarded with virtual incentives. Users may redeem those virtual incentives for opportunities and incentives that may be available from time to time.
- Malo Wallet allows you to make peer-to-peer payments of supported Digital Assets to other active Malo Wallet App users and, in some instances, to registered merchants.
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Purchase and use of Gift Cards: Malo Wallet partners with Gift Card Providers to offer Gift Cards that may be purchased using the Malo Wallet App.
Gift Card Trading Disclaimer: Malo Wallet facilitates the purchase and use of Gift Cards through partnerships with third-party providers. While we strive to ensure a secure trading environment, Malo Wallet shall not be liable for any fraudulent, invalid, expired, or misrepresented Gift Cards traded, purchased, or redeemed via the platform. Users are solely responsible for verifying the authenticity and validity of Gift Cards before completing any transaction. Malo reserves the right to suspend or terminate access to Gift Card services for users found to be engaging in fraudulent or suspicious activity.
- Purchase and use of Airtime: Malo Wallet allows you to top up a prepaid phone account from certain approved carriers in your region by purchasing mobile airtime with certain Digital Assets.
- Use of virtual cards generated through the Malo Wallet App (or other means that we may make available from time to time) to facilitate certain transactions with certain participating merchants.
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Banking Services Integration: Malo Wallet offers banking features through a strategic partnership with PalmPay Limited, a licensed financial institution regulated by the Central Bank of Nigeria (CBN). These services allow users to seamlessly open and operate a Nigerian Naira bank account directly within the Malo Wallet App. Banking services are governed by PalmPay's Terms and Conditions and Privacy & Cookie Policy, which users hereby accept and agreed to before accessing these features.
1) Users who opt into banking features may access the following services, subject to successful Know Your Customer (KYC) verification and PalmPay's approval:
- Open a PalmPay-supported bank account via Malo Wallet
- Deposit and withdraw funds in Nigerian Naira
- Transfer funds to other bank accounts or PalmPay accounts
- Receive payments via Virtual Account Numbers
- Access QR Card and Pay With Transfer services
- Conduct merchant payments, airtime purchases, and bill payments
- Participate in PalmPay's loyalty program (PalmPoints) and redeem eligible rewards
2) By using these banking features, you:
- Consent to PalmPay's collection and processing of your personal data, including BVN, facial photo, and proof of identity
- Authorize Malo Wallet to share relevant data with PalmPay for service delivery, compliance, and fraud prevention
- Understand that your data may be shared with third parties, including those with lower levels of data protection, as described in PalmPay's Privacy Policy
- May withdraw consent at any time by contacting PalmPay directly
3) PalmPay maintains ISO/IEC 27001-certified security protocols and complies with the Nigerian Data Protection Act (NDPA) 2023, the Nigerian Data Protection Regulation (NDPR) 2019, and the General Application and Implementation Directive (GAID) 2025.
4) Users are responsible for safeguarding their PINs and passwords and must report any suspected compromise immediately.
5) Malo Wallet is not liable for any unauthorized transactions, funding source errors, or penalties incurred through PalmPay services. Users bear full responsibility for managing their accounts, funding sources, and transaction authorizations.
2. Reservation of Rights
- We reserve the right, in our sole discretion and without incurring any liability to you, to:
- Update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Malo App/Services or change any features, component or content thereof, or to delist from the Malo App/Services or otherwise cease to support any Digital Asset;
- Decline, suspend, cancel, reverse, void or partially execute any Fiat (government-issued) currency to Digital Asset Conversion, Digital Asset Conversion or Digital Asset Transfer Instruction; and
- Reverse, cancel, claw back, change any terms or refuse to honor any reward, bonus or pay-out for any incentive programs regardless of your entitlement.
- We reserve the right to suspend, restrict, and/or terminate your access to any or all of our Services and to deactivate your account, including without limitation:
- Where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;
- Upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms or abusing any of our incentive schemes;
- Upon reasonable suspicion that a transaction is fraudulent or erroneous;
- Upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorized manner;
- Upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime; upon reasonable suspicion that you are conducting any fraudulent or illegal activities, including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions;
- Where your Wallet or you are subject to pending litigation, investigation, or government proceedings, including litigation that is brought or threatened against Malo; and
- For any other reason which we reasonably deem it is appropriate to do so.
- In the event we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2b above, we will (to the extent that it is not unlawful for us to do so) provide you with notice of such termination of Services. Suspensions, restrictions, or terminations from the use of our Services will be reversed only as soon as practicable once the reasons for refusal no longer exist as determined in our sole discretion. We are under no obligation to execute any suspended, reversed, or terminated transactions at the same price or on the same terms. Where not otherwise prohibited by law, upon notice that we have decided to terminate your access to the Services, we will provide you with 30 days within which you must transfer, or instruct us to transfer on your behalf, any remaining Digital Assets or Fiat out of the Malo (Malo Wallet) App. Should you fail to transfer, or instruct us to transfer, any such remaining Digital Assets or Fiat within the 30-day period, we reserve the right to liquidate any Digital Assets and return to you any outstanding Fiat via a check to your last known mailing address.
- In the event a Digital Asset becomes delisted or unsupported for any reason, we will attempt to contact you and, to the extent practicable, provide you with an opportunity to transfer such Digital Assets out of your Malo Wallet. If you fail to transfer such Digital Assets out of your Malo Wallet promptly, we reserve the right to liquidate such Digital Assets in your Malo Wallet at the then-current price and deposit the proceeds in your linked bank account.
- The actions we may take under Clause 2a may apply to all, or any specific group(s), or any individual user(s) of the Malo App/Services. We do not guarantee that any specific content, component and/or feature will always be available on the Malo App/Services and reserve the right to cease any Malo App/Services at our sole discretion without notice to you.
3. Considerations When Using Our Services
You understand, accept, and agree to assume all of the various risks involved in using, holding, trading, delivering, transacting, and transferring Digital Assets and the use of Malo App/Services, including all of the risks set forth in this Clause 3.
a. General Risks
- All transactions involving Digital Assets involve certain risks. Once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Asset transfers to and from external wallet addresses that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Malo Wallet or be available to conduct transactions.
- The risk of loss in holding Digital Assets can be substantial. You should carefully consider whether holding Digital Assets is suitable for you in light of your financial situation and risk tolerance. Past performance is not an indicator of future performance. If you use any Malo App/Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of price data or graphs, and you should not rely on such data or graphs for any reason whatsoever.
- Your Malo Wallet is not a depository account. Funds stored in your Wallet do not earn any interest and are not protected by any government-backed depositor compensation, insurance or guarantee scheme, unless otherwise expressly stated.
- You agree and understand that loss of funds may occur as a result of erroneous transfer, suspicious transaction or suspicious account.
b. Digital Asset Volatility Risks
- Digital asset markets and the price of digital assets have historically been subject to significant volatility. The price and trading volume of any digital asset is subject to significant uncertainty and volatility, depending on a number of factors, including but not limited to market conditions and sentiment, changes in liquidity, Forks, the activities of other market participants, general economic environment, public perception, technical and technological constraints, and regulation.
- There is no assurance that any supported Digital Asset will maintain its value or that there will be meaningful levels of trading activities.
c. Technology and Security Risks
i. Forked Networks
You agree and understand that the underlying protocols of the Digital Assets' networks are subject to Forks which may result in more than one version of such a network. If a Fork occurs, it may result in the creation of a new Digital Asset (the "New Forked Asset") related to an existing Digital Asset (the "Prior Asset"). You further agree and understand that Forks may materially affect the value, function, and/or name of the Prior Assets and other Digital Assets you hold on the Malo App and that the New Forked Asset may have minimal or no value. In the event of a Fork, Malo may temporarily suspend any Malo App/Services. We have no control over, nor do we have the ability to influence, the creation or implementation of a fork or of any new forked asset.
ii. Other Technology and Security Risks
A significant disruption in Malo's products or services, in Malo's information technology systems, or in any of the blockchain networks that Malo supports, could affect your user experience and/or ability to access your account. Digital Assets built on blockchain technology remain in the early stages of development. There is risk of loss of Digital Assets in the event of disruptions, hacks, forks, and significant attacks such as a double spend or 51% attack. You acknowledge that you and your Digital Assets may be subject to scams and other types of fraud perpetrated by third parties outside of our control.
d. Regulatory Risks
We are subject to an extensive and highly-evolving regulatory landscape, and any changes to any laws and regulations could adversely impact our ability to offer, and your use of and access to, the Malo App/Services in your jurisdiction. Various governmental and regulatory bodies in the Federal Republic of Nigeria and in other countries may adopt new laws and regulations. The extent, scope, and effect of such new laws and regulations are difficult to predict.
e. Third-Party and Operational Risks
We currently rely on third-party service providers for certain aspects of our operations, including payment processors, banks, and payment gateways to process transactions; cloud computing services and data centers; as well as third parties that provide certain outsourced services and functions. Because we rely on third parties to provide these services, we face increased operational risks. Any interruptions in services provided by these third parties may impair our ability to support our customers and offer Malo App/Services. We rely on banks and other payment processors to process users' payments in connection with the purchase of Digital Assets on our platform.
4. User Acknowledgements, Representations, Warranties, Covenants – General
- You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the various risks involved in using, holding, trading, delivering, transacting, and transferring Digital Assets and the use of Malo App/Services. You agree that Malo shall not be liable to you for any loss, damage, expense, or liability that may relate to any of the risks.
- Non-Reliance. You represent that you are not relying on any communication of Malo as advice or as a recommendation to engage in any transaction involving Digital Assets. We do not provide investment advice, and any content on the Malo App and Site should not be considered as a substitute for tailored investment advice.
- You represent and warrant that:
- You are at least eighteen (18) years of age;
- You have the full right, power, and authority to agree to these Terms;
- You are not a resident of any jurisdiction that Malo has indicated as being subject to prohibitions or restrictions;
- You are not a resident of any jurisdiction in which entry into or performing your obligations under these Terms is unlawful;
- You are the authorized user of your Enabled Device;
- You will not simultaneously have multiple accounts to access the Malo App/Services;
- You are not located in any international sanctioned countries;
- You will immediately notify us of any change to your country or location of residence;
- You will not use our Services if any Applicable Laws prohibit you from doing so;
- You are the sole ultimate beneficial owner of your account;
- You are the beneficial owner of any Digital Asset or fiat currency subject to these Terms; and
- You are compliant with all Applicable Law requirements, including all tax laws and regulations.
- Onboarding and Ongoing Basic Requirements. In order to use the Malo App/Services, you must register as a user on the Malo App and provide us with all information and/or documents requested by us. You agree to cooperate with all requests made by us in connection with your use of the Malo App/Services. We are entitled, in our sole discretion, to refuse your application or to suspend, terminate or limit your use of the Malo App/Services.
- Third-Party Services. You understand and agree that we may engage any third-party service provider or subcontractor to perform any or all of the services provided hereunder. Malo shall not be liable for any delay, loss, or damage of any kind incurred from any services provided by any third-party service provider.
f. User Conduct
i. General Conduct
It is our goal that all Malo App/Services users enjoy their use of our services in a safe and secure environment. You agree to use the Malo App/Services in good faith and adhere to the following standards:
- You will demonstrate respect and courtesy to other users, our personnel, and any third-party service providers at all times;
- You will use your utmost integrity in all your dealings with Malo;
- You will comply with all Applicable Laws pertaining to your use of our services; and
- You will promptly comply with our notices and instructions with respect to your use of Malo App/Services.
ii. Prohibited Activities
Without prejudice to any of Malo's rights, you undertake not to:
- Use the Malo App to conduct electronic spamming or distribute unsolicited material;
- Use the Malo App to perform illegal, unlawful or immoral activities;
- Upload content that contains viruses, malicious codes, or Trojan horses;
- Modify or adapt the whole or any part of the Malo App;
- Disassemble, decompile, reverse-engineer, or otherwise attempt to derive source code;
- Use the Malo App in a manner that infringes intellectual property rights;
- Use the Malo App in a way that could damage, disable, impair, or compromise the Malo App;
- Gain unauthorized access to other users' accounts or wallets;
- Take any action that imposes an unreasonable burden on the Malo infrastructure;
- Attack the Malo App via denial-of-service attacks;
- Use any robot, spider, or other automatic device to access the Malo App;
- Impersonate or attempt to impersonate Malo, Malo personnel, or any other person;
- Engage in any activities deemed inappropriate or in contravention of these Terms;
- Provide false, inaccurate, incomplete or misleading information;
- Deposit Digital Assets or fiat currency derived from criminal or fraudulent activity; or
- Attempt to interfere with the proper working of the Malo App.
5. Malo's Rights of Enforcement
Subject to Applicable Law, we reserve the right to take any action we deem necessary to enforce the user conduct requirements and restrictions set forth in Clause 4 above, including by taking any of the steps set forth in Clause 2.
6. User Acknowledgements – Data and System Protection
- You shall be responsible for: obtaining and installing all hardware, software, and communications services necessary; installing antivirus or other mobile security software; and installing updates and patches for the Malo App and your Enabled Device in a prompt and timely manner.
- We shall assume that any and all Instructions received from your Enabled Device, your email account, and other accounts identified to you have been made by the rightful owner. You are solely responsible for keeping your Enabled Device and accounts safe and secure.
- You shall bear all of the risk of any loss of access to your Digital Asset Wallet, accounts, and Malo App/Services, including any loss related to the loss of your login and authentication details or Enabled Device.
- Should you discover that your Enabled Device is lost or stolen or has been accessed in an unauthorized way, you shall notify us by emailing us at hello@malowallet.org.
7. Electronic Communications
- You shall accept full responsibility for the security and authenticity of all Instructions sent via the Malo App and you shall be bound by all such Instructions.
- You are aware that Instructions and information transmitted via the Malo App are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected.
- Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt.
- You agree that, to the maximum extent permitted under applicable law, local jurisdiction terms governing the time and place of dispatch and receipt of electronic communication shall not apply to your use of the Malo App/Services.
- You acknowledge and agree that in the event of any dispute, our records shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes.
8. Fees
- Your use of the Malo App/Services may be subject to certain Fees, which will be debited from your Malo digital asset wallet.
- For the time being, one percent (1%) of every virtual/digital assets traded shall be deductible as service charge.
- The minimum naira amount that can be deposited on the Malo Wallet is One Thousand Naira (₦1,000) for which a service charge of One Hundred Naira (₦100) is deductible.
- All applicable Fees are exclusive of any applicable Taxes and the actual Fee charged will be increased to account for any such applicable Taxes.
- Malo will issue a payment notice to you for any Fees or amount that you owe us. If such amount is not repaid within 7 days from the date of notification, you confirm and authorize Malo to recover such amount from your other accounts.
9. Privacy Policy
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services. The Services are hosted in Nigeria. If you access the Services from any other region of the world with differing data protection laws, then through your continued use of the Services, you are transferring your data to Nigeria, and you expressly consent to have your data transferred to and processed in Nigeria.
10. Intellectual Property Rights
a. Intellectual Property Ownership and Use
You acknowledge and agree that:
- The Malo trademarks and logos are the property of either Malo or third party licensors;
- The intellectual property rights in and to the Malo App/Services are either owned by us or licensed to us;
- No other rights are granted to you other than the limited license in these Terms; and
- No part of the Malo App may be reproduced, distributed, or commercially exploited without our prior written permission.
b. Limited License to Use Customer Data
Subject to these Terms, you grant us a limited, royalty-free, non-exclusive, transferable license to process the data you provide to us ("Customer Data") as necessary to provide the Services. Any breach of these Intellectual Property Rights will constitute a material breach and your right to use our Services will terminate immediately.
11. Limitation of Services / Termination / Account Closure / Security
- Malo may at any time terminate, suspend, or limit your use of the Malo App/Services for any reason, including breach of Terms, compliance with Applicable Laws, suspicion of unlawful activities, or for other reasons at Malo's discretion.
- Such suspension, limitation, or termination shall not affect your obligations under these Terms.
- You shall not be entitled to any payment, compensation, or damages from us in relation to any suspension, reversal, or termination.
- Our rights of limitation, suspension, and termination shall be without prejudice to any other rights or remedies we may have.
- If you wish to suspend or terminate your access or close your account, you are required to submit a request to Malo in such manner and form as may be required.
- If, at the time of your account closure request, your account has any outstanding obligations, Malo shall not be obliged to process such closure request until all obligations have been discharged.
- If you have a remaining balance in a suspended or closed account, you are entitled to recover such Digital Assets unless prohibited by law or where we have reasonable grounds to suspect fraud. Contact us at hello@malowallet.org.
- To secure the fulfillment of all your obligations to Malo, you hereby assign and pledge your interests in the assets held in your Malo Wallet (the "Security"). We may at any time set off any amount we owe you against any amount that you owe us.
12. Customer Feedback, Queries, Complaints
- If you have any feedback, questions or complaints, please contact us via email at hello@malowallet.org or call our customer care line at 0902 506 5609. While we strive to respond as soon as possible, for more complicated issues, it may take us up to 45 days or longer to resolve.
- You will only be able to dispute a transaction within 48 hours after the transaction was done. Failure to log a complaint within the period may result in loss of fund.
13. Disclaimer of Warranty; Limitation of Liability
- The services are provided "AS IS" and "AS AVAILABLE" and without any representation or warranty, whether express, implied, or statutory. Except as expressly provided in these terms, to the fullest extent permitted by law, Malo disclaims all other representations or warranties. Our liability in respect of non-excludable warranties is limited to re-supplying, replacing, or repairing the relevant services, or paying the cost thereof.
- To the extent permitted by law, in no event shall Malo be liable for any losses due to unforeseeable events outside our control, interruptions or delays in the Malo App/Services, refusal to process transactions, system maintenance, unauthorized use of your device, compliance with applicable laws, lost profits, lost revenues, punitive or consequential damages, or hacking/unauthorized access.
- In no event will our aggregate liability exceed the fees you paid us for the relevant services giving rise to the claim. The parties agree that claims may only be brought on an individual basis and not as class actions. Nothing in these Terms shall limit liability for fraud, gross negligence, or death or personal injury resulting from negligence.
14. Indemnification
You agree to defend, indemnify and hold Malo and its third-party service providers, their Affiliates, shareholders, officers, directors, agents, employees, and representatives, harmless from any claim or demand arising out of or related to (a) your breach of these Terms; (b) your breach of third-party service provider terms; (c) your use of the Malo App/Services; (d) any act or omission related to Malo; and (e) your violation of any Applicable Laws or third-party rights.
15. Dispute Resolution; Binding Arbitration; Class Waiver
- Please read this section carefully. It requires you to arbitrate certain disputes and limits the manner in which you can seek relief. No class or representative actions or arbitrations are allowed under these Terms.
- No Representative Actions; Class Waiver. Any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- Disputes on PalmPay-Powered Accounts: Users must report any banking-related issues within 48 hours to Malo Wallet (hello@malowallet.org) and PalmPay (dpo@palmpay-inc.com), with full transaction details. Malo is not liable for delays, losses, or errors caused by PalmPay or its partners.
- Resolution of Disputes:
- Both parties shall use best endeavours to negotiate and settle any dispute amicably.
- Any unresolved dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 2004.
- The Arbitrators shall be appointed by the Parties.
- The Arbitration shall be seated in Port Harcourt, Nigeria; and the language shall be English.
- The decision of the arbitrator(s) shall be final and binding and enforced by any competent court.
16. General / Miscellaneous Provisions
- Amendment and Variation. These Terms may from time to time be updated or amended. We will post any such updates on the Malo App or Site. By continuing to use the Malo App after any change, you accept the updated Terms.
- Charges on Assets: A percentage on sales and sending out digital assets apply.
- Users Review: You can submit your reviews of the App on iOS and Android.
- Account Verification: Transactions involving an amount of ₦500,000 and above shall be subjected to mandatory account verification.
- Delayed P2P Transaction: Where a buyer transacts through our P2P feature which includes escrow wallets and response is not received from the seller within the timeframe given, and support and payment proof is provided by the buyer, decision may be taken in favor of the buyer.
- Payment: The form of payment acceptable to us is Bank Transfer and in Nigerian Naira.
- Transfer, Assignment, Delegation. These Terms may not be transferred, assigned, or delegated by you without our written consent, but may be transferred by us without restriction. You are prohibited from selling or otherwise transferring your registered profile.
- Term and Termination: These Legal Terms shall remain in full force and effect while you use the Services.
- Severability. If any provision is found invalid or unenforceable, it shall not affect the other provisions which shall remain in full force and effect.
- Entire Agreement / Translation. These Terms constitute the entire agreement between the parties. In the event of translation, the English language text shall prevail.
- Waiver. These Terms shall not be waived except where agreed by all parties in writing.
- Notices & Communications. By using the Malo App, you agree that we may provide notices electronically via email, SMS, or by posting to the Site or Malo App. Notices to us should be sent to hello@malowallet.org.
- Third-Party Beneficiaries. A person who is not a party to these Terms has no right to enforce any of these Terms.
- Governing Law and Venue. These Terms are governed by the laws of the Federal Republic of Nigeria. All disputes will be subject to the exclusive jurisdiction of the courts located in Rivers State, Nigeria.
17. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: