Terms of Use

This is an English translation of the terms of use, provided for convenience. The terms are written in French: if the two versions differ, the French version prevails.

1. Warning #

Read this section before using Nkap Express.

• Nkap Express is a person-to-person marketplace. We do not sell currency and we are not your counterparty. You exchange with another member.
• The rate is set by the members. It results from the two amounts entered in the ad or the offer. The reference rate shown next to it is for information only. No maximum gap is enforced: check the rate before you commit.
• Only the African-currency side goes through escrow. The Western-currency payment (Interac, SEPA, PayPal, Zelle, bank transfer…) is made directly between members, outside Nkap Express. We do not receive it and we can neither reverse nor recover it.
• Confirming receipt releases the funds. Only confirm once the money has actually reached your account and can no longer be reversed by the sender. After the release, the exchange is closed: no dispute can be opened any more and we cannot undo it.
• Time limits are short. An exchange takes place within a few hours. If you do not act in time, the exchange is cancelled or a dispute opens automatically.
• Your Nkap balance earns no interest. Released or refunded funds stay in your Nkap wallet until you withdraw them.
• Risks specific to payments: wrong payment details, delay or outage of an operator, reversal of a payment by the sender, third-party fraud, foreign exchange regulations in your country. You remain responsible for complying with the rules of your country.

2. Purpose, acceptance and definitions #

2.1 Purpose #

These general terms of use (the “Terms”) set the rules for using the Nkap Express website and app. They apply between you and Nkap Express, and between members for the conduct of exchanges.

2.2 Acceptance #

You accept the Terms by creating your account. If you do not accept them, do not use Nkap Express. Our privacy policy supplements the Terms.

2.3 Definitions #

3. Operator and contact #

Nkap Express is operated by KB Corporation.

For any question (support, complaints, legal questions, personal data), write to contact@nkap-express.com.

4. Eligibility #

4.1 Age and capacity #

You must have reached the age of majority in your country of residence and have the legal capacity to enter into a contract. By creating an account, you declare that you meet these conditions. We may close any account opened by a person who does not meet them.

4.2 Covered countries #

The covered countries are those in the current list:

Each exchange links a Western country and an African country from this list. The payment methods available in each country are shown in the app.

You must reside in a covered country and use Nkap Express in compliance with the law of that country.

4.3 One account per person #

You may hold only one account. The account is personal: you may not lend it, transfer it or use it on behalf of a third party. The payment methods you use must be in your name. We may close duplicate accounts.

5. Account and security #

5.1 Creating the account #

You create your account with an email address and a password, or with your Google account. You can then add the other method from your profile.

Your email address is verified by a 6-digit code sent by email, valid for 10 minutes. An address validated by Google is considered verified.

The information you provide must be accurate and up to date.

5.2 Password and two-factor authentication #

• Your password has at least 10 characters. Choose one you do not use anywhere else and do not share it with anyone, including an agent or someone claiming to be a member of our team.
• You can turn on two-factor authentication with an authenticator app (TOTP). It is required to accept an exchange whose escrow exceeds 1,000,000 FCFA.
• You can see the list of your active sessions and sign out of all your devices.

5.3 Responsibility for access #

Any action taken from your account is deemed to be taken by you, unless you reported unauthorised access to us before that action.

If you think your account has been compromised, or if you lose access to your account, write to us without delay at contact@nkap-express.com. We may suspend your account as a security measure, which closes all your sessions.

5.4 Blocking a member #

You can block another member. You no longer see their ads, they no longer see yours, and neither of you can make an offer to the other or accept the other’s ad.

6. Identity verification and limits #

6.1 Verification levels #

Level 2 members carry the “Verified” badge.

6.2 Identity file #

Your file includes: the issuing country, the type and number of the document, a photo of the front, a photo of the back if the document has one, and a selfie.

Documents accepted by issuing country, according to the current list:

The up-to-date list is shown when you submit your documents.

Our team reviews each file. It approves or rejects it. A rejection always states its reasons. You are notified of the decision. After a rejection, you can submit a new file.

We may ask you for additional information or documents, in particular to meet our obligations to combat money laundering and terrorist financing.

6.3 Limits #

Limits apply to exchanges, in African-currency equivalent (FCFA). Current values, for level 2:

• The per-exchange limit also applies to the amount of an ad.
• Both members’ limits are checked when the deal is agreed. If the other member exceeds theirs, the exchange is refused without their limits being disclosed to you.
• You can have at most 5 active ads at the same time.
• Your current limits are shown in your account. We may change them.

7. How an exchange works #

The time limits below are the current values. We may adjust them. The time limit that applies is the one shown in the exchange.

7.1 Ad #

• You choose the direction of the exchange, the Western country, the African country, the two amounts, the validity period (24 hours, 3 days, 7 days or 14 days) and your payment methods: at least one to pay and one to get paid.
• You give the details of the account on which you receive the Western-currency payment, when you are the one receiving it.
• Ads contain no free text.
• The ad is published as soon as you submit it, without prior review by our team. It expires at the end of its validity period.
• You can edit it as long as no exchange is in progress. Pending offers are then withdrawn and the validity period starts again from zero.
• You can cancel it as long as no exchange is in progress. Our team may also cancel an ad that breaches the Terms.

7.2 Offer and negotiation #

• You can accept an ad as it is, with its payment methods. To change the amounts or the payment methods, make an offer.
• An offer contains your net amounts and your payment methods. If you receive the Western-currency payment, you give the receiving account. Offers contain no free text.
• You have a single pending negotiation per ad.
• The other member can accept, decline or make a counter-offer. The number of rounds is not limited.
• You can withdraw your offer as long as it has not been answered.
• An unanswered offer expires after 24 hours. A reminder is sent about 1 hour before.
• Nkap Express does not offer messaging between members.

7.3 Agreement #

The deal is agreed when one of the members accepts. At that point:

• the ad is reserved for this exchange and the other pending offers are declined;
• the amounts, the rate, the commission and the details for receiving the Western-currency payment are fixed;
• an agreement is refused if the ad has been edited in the meantime, if an account is not active, if a limit is exceeded or if the required two-factor authentication is missing.

The agreement commits you to carry out your part of the exchange within the time limits.

7.4 African-currency escrow #

• The African-side payer deposits the escrow amount within 60 minutes of the agreement.
• The payment can be split into tranches. It is split automatically when the amount exceeds the operator’s limit. As long as no tranche has been paid, the payer can choose a different split.
• Each tranche is paid through a payment provider, from the Nkap wallet (same payment method and same currency) or through an agent (section 8.3).
• The escrow is funded when all tranches are paid. Both members are notified.
• Any sum received after the exchange has been cancelled or a tranche has been replaced is credited to the payer’s Nkap wallet.

7.5 Western-currency payment #

• Both members see the beneficiary’s receiving details.
• Once the escrow is funded, the Western-side payer pays the beneficiary directly, outside Nkap Express, within 60 minutes.
• They then declare each payment in the app, with a proof (PNG, JPEG or WEBP image, or PDF, of 8 MB at most).
• You alone are responsible for the accuracy of the payment: amount, details, payment method. Pay the exact amount and declare each payment made.

7.6 Confirmation and release #

• When all payments have been declared, the beneficiary has 2 hours to confirm receipt, tranche by tranche.
• Without confirmation, they receive at most 2 reminders. Each reminder extends the time limit by half of the initial time limit (at least 15 minutes). After that, a dispute opens automatically.
• When all tranches are confirmed, the escrow is released: the amount due, minus the commission, is credited to the Western-side payer’s Nkap wallet. The exchange is closed.
• Funds are never released without the beneficiary’s confirmation or a dispute decision.
• If the payment has not arrived or is incorrect, do not confirm: contest the receipt in the app. This opens a dispute.

7.7 Time limits and consequences #

7.8 Cancellation #

• Either member can cancel the exchange as long as the escrow is not funded and no payment is being processed.
• Once the escrow is funded, neither member can cancel alone. Only a dispute is possible.
• Our team may cancel an exchange as long as the Western-currency payments have not all been declared, in particular in case of suspected fraud or a legal obligation.
• On cancellation, each paid tranche is refunded to the payer’s Nkap wallet, for the payment method used. No commission is kept. The ad becomes active again if it is still valid.

7.9 Rating #

Once the exchange is closed, each member can give the other a rating from 1 to 5. Ratings, the number of closed exchanges, the dispute rate and the average time to make the Western-currency payment appear on the public profile.

8. Payments, providers and network agents #

8.1 Holding of funds #

African-currency funds are collected and held through partner payment providers and, where applicable, the agent network. They are recorded in your name in our accounts, per payment method and per currency.

8.2 Payment providers #

• A mobile money or card payment is executed by a payment provider. Depending on the case, it asks you for a validation code or gives you a USSD code to dial.
• The terms of the provider and of your operator also apply to these payments.
• Fees charged by providers to Nkap Express are borne by us. Nkap Express charges you nothing beyond the amount shown. Any fees your own bank or operator charges you remain your responsibility.

8.3 Network agents #

For some mobile money payment methods, a payment can go through an agent.

Escrow payment through an agent

• As soon as an agent takes your tranche, the app shows their name, their receiving account, a reference and the instructions to follow. From that moment, the time to pay becomes at least 60 minutes.
• Pay only the amount shown, to the account shown, with the reference given. Then declare the payment with the “I’ve paid” button.
• You can cancel as long as no agent has taken the tranche.
• The agent confirms receipt and the tranche is settled. If the agent gives up the task, the tranche fails and you are notified. If you had declared that you paid, our team reviews the situation and decides.
• Never send money to an agent outside the instructions shown in the app.

Withdrawal paid out by an agent

• A withdrawal that no agent has taken within 24 hours fails. The amount goes back to your wallet.
• When the agent reports having sent the money, you have 24 hours to confirm receipt or contest it. Without an answer from you, the withdrawal counts as received.

The agent sees your name and the details needed for the operation only while it is in progress. Afterwards, they only see your first name, your initials and masked details. They see neither your email, nor your profile phone number, nor your identity documents. You pay no fee to the agent.

8.4 Nkap wallet and withdrawals #

• Released funds and refunds are credited to your Nkap wallet, not directly to your external account.
• You can use this balance to pay an escrow tranche of the same payment method and the same currency.
• A withdrawal is made to the same payment method as the balance, except for a balance with no payment method or tied to a method that cannot receive funds (a card, for example).
• The withdrawal can be split into tranches according to the operator’s limit. It is free of charge.
• If a withdrawal fails, the amount is credited back to your wallet.
• Your payment details must be accurate. We are not responsible for a payout made to incorrect details that you provided.

9. Commission #

• The commission is calculated on the African-currency amount of the exchange, according to the corridor’s fee schedule: a percentage, a fixed amount, a combination of both or a tiered schedule, with a minimum and a maximum.
• It is shared between the advertiser and the responder. By default, each pays half.
• The advertiser sees their share, labelled “service fee”, before publishing. The responder sees net amounts, commission included, before making an offer or accepting.
• The commission is fixed when the deal is agreed. A change to the fee schedule does not apply to exchanges already concluded.
• It is deducted when the escrow is released. No commission is kept if the exchange is cancelled or if the escrow is refunded in full after a dispute. If a split is decided in a dispute, the decision sets the share kept by Nkap Express.
• No fee is charged on withdrawals. Payment provider fees and agent remuneration are borne by us.

10. Disputes #

10.1 Opening #

A dispute can be opened on an exchange whose escrow is funded:

• by either member;
• by the beneficiary, by contesting receipt of the payment;
• automatically, when a time limit runs out (section 7.7);
• by our team.

Only one dispute is opened per exchange. The escrow funds stay locked until the decision.

10.2 Review #

• Each member can add notes and evidence (PNG, JPEG or WEBP image, or PDF, of 8 MB at most) until the decision, then again during an appeal.
• Our team may ask you for more information. Answer quickly: we decide on the basis of the information we have.
• We aim to reach a decision within 2 days. This time frame is not guaranteed.

10.3 Decision #

Our team issues a reasoned decision:

The decision is carried out automatically on the wallets concerned and notified to both members. Above certain amounts, the decision is reserved for team members authorised for those amounts.

10.4 Appeal #

• Either member can appeal within 7 days of the decision. Only one appeal is possible per dispute: once one member has filed an appeal, the other can no longer file one.
• The appeal is reviewed by a person other than the one who decided.
• Sums awarded by a decision are available immediately, even during the appeal period. If the appeal changes the decision and your balance is not enough to take the sum back, the difference becomes a debt owed to Nkap Express. You must repay it.

10.5 Scope #

The dispute procedure does not replace the remedies provided by law. It settles what happens to the escrow, not the other relations between the members.

11. Prohibited uses #

You must not:

• use Nkap Express to launder money, finance terrorism, circumvent sanctions or finance an illegal activity;
• provide false information, a forged identity document or someone else’s;
• hold several accounts, use someone else’s account or act on behalf of a third party;
• use payment methods that are not in your name;
• declare a payment you have not made or produce a false proof;
• deny a receipt you obtained, or reverse with your bank or payment service a payment already confirmed;
• conclude or settle an exchange outside Nkap Express after finding it on the platform;
• insert contact details or messages in fields intended for something else;
• harass, threaten or deceive another member, an agent or our team;
• extract data from the platform by automated means, disrupt its operation or attempt to bypass its security.

12. Account suspension and closure #

12.1 Suspension #

We may suspend your account in case of a breach of the Terms, suspected fraud, inaccurate information, risk to other members or a legal obligation.

During the suspension:

• all your sessions are closed;
• you can sign in and view your account, but you can neither publish, make offers, exchange, declare or confirm a payment, nor withdraw;
• you can still confirm receipt of a withdrawal paid out by an agent.

12.2 Ban #

In case of a serious breach, we may ban your account. This decision is reserved for authorised managers of our team. You can no longer sign in.

You can ask for the reason for a suspension or a ban, and contest it, at contact@nkap-express.com, unless the law prohibits us from disclosing it to you.

12.3 What happens to the funds #

• Exchanges in progress: automatic time limits keep applying. An exchange you can no longer move forward is cancelled or goes to dispute, according to section 7.7. Our team may also cancel it as long as the Western-currency payments have not all been declared. The escrow funds then follow the rules of sections 7.8 and 10.
• Wallet balance: it remains recorded in your name. You cannot withdraw it while the account is suspended. If your account is banned, write to us at contact@nkap-express.com to have it paid out.
• We may withhold all or part of the funds when the law requires it (in particular for anti-money laundering purposes or at the request of an authority), or to offset a debt owed to Nkap Express.

12.4 Closure at your request #

The app does not let you close your account yourself. Write to contact@nkap-express.com from your account’s email address. We close the account when no exchange or dispute is in progress and your wallet is empty. Some data is kept after closure, as explained in the privacy policy.

13. Liability #

13.1 Best-efforts obligation #

We use reasonable means to run the platform, safeguard the escrow funds and apply the Terms. We do not guarantee the outcome of an exchange.

13.2 Unavailability #

The platform may be interrupted for maintenance, updates or incidents. We do not guarantee continuous access. A payment provider, an operator or a third-party service (sending emails, Google sign-in, notifications) may also be unavailable.

13.3 Acts of third parties and members #

We are not responsible for:

• Western-currency payments, made directly between members;
• errors in the amounts or details you enter;
• a confirmation of receipt given by mistake;
• the reversal of a payment by the sender’s bank or payment service;
• the behaviour of another member;
• delays or failures of a payment provider or an operator, where we are not at fault;
• a force majeure event.

13.4 Limitation #

To the extent permitted by law, our liability in respect of an exchange is limited to the amount of the commission received on that exchange. This limitation does not apply in case of gross negligence or wilful misconduct on our part, nor to the escrow and Nkap wallet funds, which remain due under the Terms.

13.5 Your liability #

You are responsible for the use of your account and for complying with the Terms and the laws that apply to you, including tax and foreign exchange laws. You are liable for the losses your breach causes to Nkap Express or to other members.

14. Intellectual property #

The Nkap Express brand, the software, the interfaces, the texts and the graphic elements of the platform belong to KB Corporation or its licensors. You receive a personal, non-exclusive and non-transferable right to use the platform in accordance with the Terms. Any other reproduction or use is prohibited without our written consent.

You allow us to display your display name, your profile photo and your ratings on the platform, for the lifetime of your account.

15. Personal data #

We process your personal data to manage your account, verify your identity, carry out exchanges, handle disputes, ensure security and meet our legal obligations.

Some data is necessarily shared:

• your public profile (display name, photo, country, languages, badge, reputation) is visible to everyone, without signing in;
• the details for receiving the Western-currency payment are visible to both members of the exchange;
• an agent sees your name and the necessary details during the operation they handle;
• payment providers receive the data needed for the payment.

Details of the processing, recipients, retention periods and your rights are set out in the privacy policy.

16. Changes to the Terms #

We may change the Terms. We inform you of any significant change by email or in the app at least 15 days before it takes effect. If you refuse the new version, you can ask for your account to be closed (section 12.4). If you keep using Nkap Express after the change takes effect, you accept it.

A concluded exchange remains governed by the amounts, the rate and the commission fixed at the time of the agreement.

Figures (time limits, limits, fee schedule) may change without any change to the Terms. The current values are shown in the app.

17. Governing law, dispute resolution and language #

17.1 Governing law #

The Terms are governed by the law of Cameroon. If you reside outside Cameroon as a consumer, you keep the protection of the mandatory provisions of the law of your country of residence.

17.2 Amicable settlement #

In case of disagreement, first write to contact@nkap-express.com describing your request. We will seek an amicable solution with you. The dispute procedure in section 10 applies first to disagreements about an exchange.

17.3 Jurisdiction #

If no amicable agreement is reached within 30 days of your request, the disagreement is brought before the competent courts of Cameroon, subject to the mandatory jurisdiction rules that protect consumers.

17.4 Language #

The Terms are written in French. If there is any difference with a translation, the French version prevails.