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Terms and Condition

 

Please read the following terms of service carefully. By using nmoible, you are agreeing to these terms of service.

 

Customer Terms and Conditions for the Use of Nmobile

You are required to read and understand these rules as they are a binding agreement between you and nmobile, the providers of nmobile. Customers who are under 18 years of age should review these terms and conditions with a parent or guardian.

By registering for a nmobile account, you agree to the rules stated in this document. You are also deemed to accept these rules upon first use of a registered email address, or any information related to a nmobile account, in connection with the use of nmobile .

1. Definitions

The following definitions relate to these Terms and Conditions:

1.1. "Account" is an electronic stored value account on nmobile created for use by the customer. Credits and debits are applied to this account. The account is primarily accessed through your mobile phone, computersm and the nmobile online portal.

1.2. "Agent" refers to any party or device, including authorized nmobile Agents, Merchants, ATMs, connected kiosks and bank tellers that facilitate nmobile transactions on behalf of customers.

1.3. "ATM" means automated teller machine.

1.4. "Content" means all information whether textual, visual, audio or otherwise, appearing on or available through the services.

1.5. "Credit" means the movement of funds into an account.

1.6. "Debit" means the movement of funds out of an account.

1.7. "IVR" stands for Interactive Voice Response system, the automated phone line that allows a computer to recognize voice and keypad inputs.

1.8. "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 nmobile.

1.9.  "Registered email address" refers to any email registered that has been registered on email.

1.10. "Linked bank account" refers to the bank account that you have linked to your Paga account. This allows you to carry out transactions using funds from your bank account instead of using your Paga account.

1.11. "Merchant" means a seller of goods and or services who will accept nmobile as payment for these goods and or services.

1.12.  "Services" any products and services provided to the customer as part of nmobile.

1.13. "Mobile phone" means a GSM or CDMA device which can make and receive telephone calls and send and receive SMS, among other communication options.

1.14.  "Registered email address" refers to any email registered that has been registered on email.

1.15. Nmobile , a mobile payments platform company registered under the laws of the Federal Republic of Nigeria.

1.16."Products" refer to nmobile products, including person-to-person money transfer, bill payments, airtime top-up etc.

1.18."USSD" or "Unstructured Supplementary Service Data" is a real time messaging channel accessed from a mobile phone and allows user to interact with nmobile.

2.0  The nmobile Offering

2.1. nmobile is a service offered by Taylorcomms and designed to allow you to:

2.1.1. Sign up as a customer or distributor

2.1.2. Receiving access to our broad set of products and features within nmobile.

2.1.3. Credit a nmobile account with cash by

2.1.3.1. Funding with ATM or Pattern Bank ;

2.1.3.2. Transferring funds into nmobile from a ATM or bank account;

2.1.3.3. Receiving money into nmobile from another customer.

2.1.3.4. Depositing money at any of our collections banks, via ATM and nmobile distributor.

2.1.4. Pay or transfer money to another party for personal reasons or as payment for physical or virtual goods or services already received or to be received in the future.

2.1.5. Receive 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.

2.1.6. Perform a cash withdrawal at any of our distributor locations.

2.2.  No interest will be paid on the balance in your nmobile account.

2.3. Amounts loaded into a nmobile account will be available for transactions immediately after it clears.

2.4. These terms and conditions apply to all channels through which transactions may be carried out on nmobile, including Online/ Internet; Online/Mobile phone application; USSD; nmobile distributor

 

3. Opening a nmobile Account

3.1. We strongly recommend that minors obtain consent from their parents or guardians before joining nmobile or providing information to any third party or before sending any information about themselves to anyone over any channel.

3.2. In order to sign up to join nmobile, an active email address is required.

3.3. Customers are limited to one (1) nmobile account per email address.

3.4. To setup your account, nmobile requires your personal details including your name and phone number. You must provide complete and accurate information. Unregistered customers will be able to receive cash to their phone number. They will also have limited use of nmobile pending registration.

3.5. In the process of verifying your identity, nobile has the sole discretion to refuse any account opening application for any number of reasons.

 

4. Transacting

4.1. You may access the available funds in your account at any time using any of the channels you choose, including your mobile phone and the Internet. While we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services "as is" and without any warranties.

4.2. All payments will be processed in Nigerian local currency i.e. Naira.

4.3. Each transaction will be identified by a 10-digit Transaction ID(numbers)  which is used to track and identify all transactions carried out on the nmobile network. This number is important for a variety of uses, including dispute resolution.

4.4. nmobile will send you a message to verify and confirm all transactions effected from your nmobile account or performed at an agent; this message may be sent via SMS, email, or another available channel.

4.5. You must authorise your money transfer(local)  transactions with your secret PIN, which you create when you register, or by such other method as we may prescribe from time to time.

4.6. Your account will be credited with any deposits made into it, and the credit will be available for transactions immediately after they are cleared. However, should you want to make a cash withdrawal of funds you deposited into your account at a nmobile customers and  nmobile distributor,

4.7. We will verify and confirm any record of a deposit into your account. Our records will be taken as correct unless the contrary is proved.

 

5. Fees, Charges and Payment Terms

5.1. While many transactions on nmobilde are free to the customer, some transactions do carry a fee. Our nmobile fee schedules are available at all our distributors,  through communication with our Customer Services or by accessing our website. The fee schedule provides details on the fee amounts, and the method and source of payment for such fees. We reserve the sole discretion to revise the fee schedule from time to time.

5.2. When you initiate and confirm a transaction on nmobile, you agree to be bound by and pay for that transaction. Do not commit to a transaction unless you are ready to pay and have checked that all provided information is accurate as all completed transactions are final.

5.3. nmobile is designed to make payments convenient, so we allow you to make payments using a number of different funding sources e.g. your linked bank accounts and/or bank cards. When you provide us with a funding source, you also authorize:

5.3.1. The collection and storing of source information along with other related transaction information.

5.3.2. The crediting and debiting of your chosen source when you perform transactions on nmobile.

5.4. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount and any charges related to that transaction to the funding source you designate for the transaction. If your payment results in an overdraft or other fee from a related party, liability for such fees or penalties will rest solely with you.

5.5. To prevent financial loss or possible violations of the law, nmobile reserves the right to use its discretion in disclosing details of any payments associated with you with funding source issuers, law enforcement agencies, or impacted third parties (including other users). Such disclosures will originate from an order of any trial court with the jurisdiction to compel such a disclosure.

6. nmobile Online Services

6.1. You are responsible for protecting your computer against computer viruses when you use the Internet to access our website and Internet banking facilities. We are not liable for any computer program or code that may originate from our systems and you indemnify us against any claims made in this regard.

 

7. Security and Unauthorized Use

7.1. When signing up for a nmobile account, you will be prompted to create a unique password and provide answers to one or more security questions of your choosing. You are responsible for the safekeeping and proper use of these security data.

7.2. You are responsible for all transactions that take place on your account with your password and you indemnify us against any claims made in respect of such transactions.

7.3. If at any time you believe or discover that your password has been stolen or compromised, you should contact our Customer Services immediately. We will place your account on hold to prevent any transactions from being carried out as soon as we reasonably can. You will remain responsible for all transactions that occur until your account is put on hold.

7.4. Should you dispute any purchase or withdrawal debited to your account, you will be required to prove that it lacked your authorization Such transactions will be investigated once we receive an affidavit clearly stating that you had not authorised the transaction, supported by proof of this.

7.5. We use phrase and a selection of questions to confirm your identity when you call Customer Services. This method gives us your authorisation to service your account and execute your instructions.

8. Suspension and Closure of Accounts

8.1. We may suspend, restrict, or terminate the provision of our services (in whole or in part) and or close your account without any liability whatsoever under the following circumstances:

8.1.1. Upon receiving a request from you at any time, we will close your account.

8.1.2. If you notify us that your email address has been hacked or your password  has been compromised, we will suspend or close your account.

8.1.3. If in any way we know or suspect your account is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law, we may close your account, restrict activity on your account or suspend access to your account.

8.1.4. If we believe that you are in breach of these terms and conditions, are trying to compromise our systems, are unreasonably interfering with any services provided by us, or for any other purpose in protection of our interests, we may close your account.

8.1.5. should you enter the incorrect pasword on three (3) consecutive occasions, we will lock your access to nmobile account for (24 hours).

8.2.  We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict or statute, if we close or suspend your account in accordance with this Clause 10.

8.3. In any case where your nmobile account is closed for any reason and has a balance of funds, upon your request to Customer Services, the balance will be made available to you for withdrawal at barring any legal or regulatory provisions against such.

9. Notices

9.1. The physical address, email address or telephone number you supply during sign-up are regarded as the preferred channels via which notices may be given and documents in legal proceedings may be served. You must notify us immediately should your physical, postal, email address or mobile phone number change.

9.2. We are entitled to send information to you via EMAIL to the registered email address associated with your account and as amended from time to time.

9.3.  We are entitled to send any notice to an email address specified on your account. This clause pertains to customers who have accessed and used nmobile services online or via the nmobile mobile application.

9.4. Any correspondence that we send to you by courier or post will be considered to have arrived within seven (7) days of sending and any correspondence that we send to you by email or SMS will be considered to have arrived on the day that it was sent to you, unless the contrary is proved.

9.5. You should send any legal notice to us by post to our address below:

nmobile, 18th Floor Western House 8-10   Broad Street, Marina, Lagos Nigeria

 

10. Privacy Policy

10.1. When you sign up for nmobile you will be required to provide us with your name, email and phone number, among other information. In some cases we may ask for additional information for security reasons or to provide specific services to you.

10.2. You may change your email address on nmobile at any time by contacting Customer Service or accessing your account profile online. Such information will be updated immediately.

10.3. When you use nmobile 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.

10.4.  We may maintain the details of transactions or payments you make via nmobile after the transaction is completed. This information will only be made available to third parties if required by law. However, we commit to keeping all your personal information, including your funding source details safe.

10.5. You agree that your information, including your personal information, your telephone conversations with our Customer Services and your transactions may be recorded and stored for record keeping purposes for up to 5 years from date of closure of account.

10.6. We use server firewalls and encryption to keep your account information safe during transmission and in storage. We also use automated and social measures to enhance security, such as analyzing account behaviour for fraudulent or otherwise anomalous behaviour, may limit use of nmobile features in response to possible signs of abuse, and may suspend or disable accounts for violations of our customer terms and conditions.

10.7. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you.

 

11. Disputes and Reversals

11.1. If you believe that an unauthorized or otherwise awkward transaction has taken place under your account, you agree to notify us immediately, to enable us take action to help prevent financial loss.

11.2. All claims against us related to payments should be made within thirty (14) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.

11.3. You are responsible for and agree to indemnify us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) caused by or arising from payments that you authorized or accepted.

11.4. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.

11.5. We may interfere in disputes between users concerning payments but have no obligation to do so.

11.6. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

11.7. The transaction ID and transaction details will be required to resolve all disputes

12. Genera

12.1. We try to keep nmobile available at all times, bug-free, and safe, but you use it at your own risk. We are providing nmobile "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that nmobile will be safe or secure. nmobile is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

12.2. We may at any time amend these terms and conditions by notice published on the nmobile website, in at least 2 national newspapers and at nmobile field offices. Any amendment will not constitute a negation of these Terms and Conditions.

12.3. You are responsible for your connection to the mobile phone networks, the Internet and all costs associated with these same connections.

12.4. We are not responsible for any loss arising from any failure, malfunction, or delay in any mobile phone networks, mobile phones, ATMs, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.

12.5. We may allocate any money received from you or held on your behalf to settle any outstanding balance on your account.

12.6. All copyright, trademarks and other intellectual property rights used as part of our services or contained on our websites, documents or other materials are owned by nmobile or its licensors. You agree that you acquire no rights thereto.

12.7. You acknowledge and agree that these Terms and Conditions are governed by Nigerian law and any breach of these Terms and Conditions will be considered as having taken place in Nigeria.

12.8. The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of this Terms and Conditions. Any dispute or differences arising out of the construction, interpretation or performance of the obligations created under this relationship which cannot be settled amiably within one (1) month after receipt by a party of the other party's request for such amicable settlement may be referred to a single arbitrator to be appointed in accordance with the Arbitration and Conciliation Act. Cap. A18, Laws of Federation of Nigeria 2004. The place of arbitration shall be in Lagos, Nigeria and the language of arbitration shall be English language.