Terms
1. Background
Nibox Payment Systems Limited (“we”, “us”, “Company”) is committed to transparency and full disclosure of all important information. This document sets out the Terms (“Terms”) of your use and access to Bills.ng, a digital platform created by the Company to settle essential bills in Nigeria (the “Product”). Your use of the Product, excluding any service provided to you under any separate written agreement with us, is subject to the Terms, Privacy Policy and any other legal notice applicable to the Product. Where any additional terms (“Additional Terms”) apply to the Product, such additional terms will be made available for you to read either within or through your use of the Product. In the event of any contradiction between the Terms and the Additional Terms, the Additional Terms shall take precedence.
2. Acceptance of the Terms
A. “Terms” shall also include the terms of our Privacy Policy and any other legal notice and Additional Terms applicable to the Product.
B. By entering, connecting to, accessing or using the Product, you acknowledge that you have read and understood the Terms and you agree to be bound by it and to comply with all applicable laws and regulations regarding your use of the Product. You acknowledge that the Terms, though electronic and not physically signed by you, constitute a binding and enforceable legal contract between you and the Company and is without prejudice to any other right the Company may have in relation to the Product.
C. You may not use the Product and may not accept the Terms if: (i) you are not of legal age to form a binding contract with the Company in the country in which you are resident or from which you are accessing the Product, or (b) you are a person barred from receiving the Product under the laws of the country in which you are resident or from which you intend to use the Product or (c) you disagree with this Terms or any part of the Terms.
D. If you are accepting the Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the Terms, you may not access and use the Product
E. Where a translation of the English language version of the Terms is provided to you, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with the Company. If there is any contradiction between the English language version of the Terms and the translation, then the English language version shall take precedence.
3. The Product
A. The Product includes the Product’s website and web application.
B. You acknowledge that the form of the Product may change from time to time and the Company may at any time stop providing the Product or a feature within the Product on any of its platforms at its sole discretion and without any prior to notice to you.
C. Access to certain parts of the Product may be restricted. We reserve the right to restrict access to certain areas in the Product at our discretion.
D. Any Company software which you use to access the Product may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Product.
E. The Company may, at any time in the future, have subsidiaries and affiliated entities anywhere in the world who may provide the Product to you on behalf of the Company. You agree that such subsidiaries and affiliates are entitled to provide the Product to you.
4. Account Registration
A. In order to access the Product, you may be required to create an account with log-in credentials. Accordingly, you must register and create an account (the “Account”). Registration can be done by completing the sign-up and registration process with the information as required by the Company. The information required may be changed from time to time by the Company. We may, but have no obligation to, monitor and review new accounts before you sign in and start using the Product.
B. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. If we, in good faith, believe you have created an Account impersonating another person, we may expose you to civil and/or criminal liability.
C. Your Account is password protected. You agree that you are responsible for maintaining the confidentiality of the passwords for your Account and for all activities that occur under your Account. In order to protect the security of personal information available on your Account, you must safeguard and not disclose your Account log-in details to a third party and you must supervise the use of such Account.
D. You may not assign or transfer your rights or delegate your obligations under the Account to a third party without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such event, you must change your password immediately and contact our technical support. We will not be liable for any loss or damage arising from any failure of yours to comply with these Terms or any violation by you or a third party of these Terms, or for any unauthorized use of your password or Account or any other breach of security arising therefrom.
E. You are entitled to change your username, password or log-in details and close your account. You acknowledge that closing your account may cause the loss of information and data that were stored in your Account and/or information you provided to us. We do not accept any liability for such loss.
F. Notwithstanding anything to the contrary in the Terms, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall be owned by and inure to the benefit of the Company.
G. We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of the Terms or that your conduct has, or may damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register for or access our Product under a different name. We may block your email address and internet protocol address to prevent re-registration.
H. You acknowledge and agree that if the Company suspends, disables or deletes your Account, you may be prevented from accessing the Product, your Account details or any files or other content which is contained in your Account.
5. Usage Rules
A. Your use of the Product is subject to the following usage policy, subject to all changes, modifications and replacements as the Company may effect from time to time. You undertake to comply with the following provisions.
B. You agree to use the Product only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction. This is applicable to any information that you may upload through the use of the Product, including, but not limited to reviews or ratings.
C. You agree that you will not engage in any activity that interferes with or disrupts the Product (or the servers and networks which are connected to the Product). The Product must not be used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan, or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to the Product without our express written consent, e.g. scraping, data mining, data extraction, data harvesting, screenshots.
D. Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Product for any purpose or access (or attempt to access) the Product by any means other than through the interface that is provided by the Company (including use of scripts or web crawlers).
E. You acknowledge that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
6. Content
A. You understand that all information such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (referred to below as “Content”) which you may have access to as part of, or through your use of, the Product are the sole responsibility of the person from which such content originated.
B. You should be aware that Content presented to you as part of the Product, may be protected by intellectual property rights which are owned by sponsors or advertisers respectively, who provide that Content to the Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless expressly agreed to in writing by the Company or by the owners of that Content, in a separate agreement.
C. We do not own any data, information or material (collectively, “User Content”) that you submit on the Product in the course of usage. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted User Content. We may monitor and review the User Content on the Product submitted or created using our Product by you. We however take no responsibility and assume no liability for any User Content.
D. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform User Content solely as required for the purpose of providing the Product to you. Without limiting any of the warranties set out in the Terms, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
E. You are encouraged to inform the Company of any infringements of your intellectual property rights or any other rights by reason of the storage by the Company of infringing Content.
7. Personal Data and Privacy Policy
A. You may be required to provide personal information and contact details as part of the registration process, in order to access the Product or a part thereto or as part of your continued use of the Product. You agree that any registration information you give to the Company will always be accurate, correct and up to date.
B. You agree that the information collected, processed and stored by the Company in relation to you may be used by the Company as consideration for the provision of the Product to you.
C. We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Product. Our policy and practices and the type of information collected are described in detail in our Privacy Policy which is incorporated herein by reference.
8. Prohibited Uses
A. In addition to other terms as set forth in this document, you are prohibited from using the Product: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Product, third party products and services, or the internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Product, third party products and services, or the internet.
B. We reserve the right to terminate your use of the Product for violating any prohibited uses. We may terminate or suspend your access immediately, without prior notice or liability for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Product will cease immediately.
9. Intellectual Property Rights
A. The Product, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered and wherever in the world they may exist (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
B. The Terms do not convey to you an interest in or to the Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
C. If you have been given a right to use any of the Intellectual Property in a separate written agreement with the Company, you agree that your use of such Intellectual Property shall be in compliance with that agreement.
D. You shall not remove or alter any property right notice which may be contained within the Service. You agree that in using the Product, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Links to Third Party Sites
A. Certain links provided in the Product permit you to enter sites or access services of third parties. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company and the Company is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resources. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
B. The Product may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Product is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the Products and Product and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components.
11. Changes to The Product
The Company has the exclusive right to amend, alter, modify, correct, improve, make any changes, replace, suspend, discontinue, temporarily or permanently, from time to time, in its sole discretion, (any portion of) the Product.
12. Disclaimer of Warranties
A. WE DO NOT:
- WARRANT THAT THE USE AND OPERATION OF THE PRODUCT IS OR WILL MEET YOUR REQUIREMENTS, BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS;
- WARRANT THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE PRODUCT;
- MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE ACCOUNT AND/OR THE PRODUCTS AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE ACCOUNT AND/OR PRODUCTS.
MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE ACCOUNT AND/OR THE PRODUCTS AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE ACCOUNT AND/OR PRODUCTS.
B. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR PRODUCT PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY.
C. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
D. YOU AGREE THAT USE OF THE PRODUCT IS ENTIRELY AT YOUR OWN RISK AND THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE PRODUCT AND/OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
F. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
G. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.
