TERMS & CONDITIONS (MOBILE)

These Terms and Conditions govern and manage Your use of the mobile application (the App) provided by HUNCHO GADGET LIMITED (the Company, Us, We, or Our) as a Customer. The App enables you to access the Services (defined below) offered by the Company subject to the provisions of these Terms and Conditions.

The definitions and rules of interpretations in this clause apply in this Terms and Conditions:

• Account: the account to be opened and operated by a Customer with the Company through the App of the Company, which enables a Customer to access the Services.
• AML/CFT/CPF Laws: any Applicable Laws concerning anti-money laundering, combating the financing of terrorism and countering proliferation financing of weapons of mass destruction which impose know-your-customer, customer due diligence obligations or other procedures for the mitigation of money laundering, financing of terrorism and proliferation financing.
• Applicable Laws: all laws in force and effect as of the date hereof and which may be enacted or brought into force and effect hereinafter in the applicable Territory, including statutes, rules, regulations, directions, bye-laws, notifications, ordinances and judgments having force of law, or any final interpretation by a court of law having jurisdiction over the matter in question as may be in force and effect during the subsistence of these Terms and Conditions.
• Business Day: a day other than a Saturday, Sunday or national or public holiday in Nigeria.
• Charges: the fees and charges that the Company charges Customers for the use of the Services of these Terms and Conditions.
• Customer: an individual who uses the App to make Transactions, usually involving the purchase of goods or services from Merchants or utility bill payments.
• Financial Service Providers: the Settlement Bank, NIBSS and such other partner banks and financial institutions which the Company collaborates with to provide any of the Services.
• Intellectual Property Rights: patents, rights to inventions, copyright and related rights, rights in software, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world relating to the businesses of the Parties or acquired by the Parties from time to time.
• KYC: Know Your Customer.
• KYC Information: identification documents or other information and documents reasonably required to be collected from a customer in order to comply with AML/CFT/CPF Laws.
• Login Credentials: Your personal credentials used to access the App and operate Your Account.
• Merchant: any individual or legal entity that uses the Services on the App to receive payments for its goods or services from Customers.
• NIBSS: Nigeria Inter-Bank Settlement System Plc.
• Payment Options: any or all of the payment options available currently and in the future to Customers to make payments for Merchants’ goods or services on the App.
• Payment Transaction: the transfer of funds from a Customer to a Merchant on the App for the goods or services provided by a Merchant.
• Territory: the Federal Republic of Nigeria.
• Third Party Service Providers: the third party(ies) providing or hosting content, products and/or services relating to the Services or the App, including but not limited to Financial Service Providers, cloud service providers, technical services providers, etc.
• Services: the mobile payment services the Company provides to the Customers through the App.
• Settlement Bank: the bank that operates and maintains the settlement account into which the Payment Transactions will initially be settled into.
• Wallet: a virtual account linked to a Customer’s Account, which aids in the storage and management of funds electronically.
• You/Your: Customers who have opened an Account and utilise our Services.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Changes to these Terms and Conditions will be notified to You via the e-mail address provided by You upon registration or via a suitable notification on the App. The changes will apply to the use of the App after we have given notice.

If You do not wish to accept the new terms, You should immediately discontinue the use of the App. If You continue to use the App after the date on which the change comes into effect, Your use of the App indicates Your agreement to be bound by the new terms.

The App provides several features designed to make payments seamless and convenient for Customers.

The Wallet allows Customers to:

• Buy goods electronically in their Wallet;
• Make online and offline electronic payments to a Merchant as a Customer
• View records of their Transactions; and
• Make bill payments.

You may fund your wallet via:

• A debit card,
• USSD,
• bank transfer, and
• cryptocurrency.

You shall pay all Charges associated with the Services.

The Company reserves the right to amend the Charges from time to time without recourse to You, provided that We shall, to the extent reasonably possible, notify You of such amendment prior to its implementation. If You do not wish to continue with a Transaction or use of the App following such amendment, You should immediately discontinue the use of the App.

The applicable Charges for a Transaction shall be displayed to the Customer before the completion of a Transaction.

Access to the App or the Services remains at the sole discretion of the Company.

In order to use the App, You represent and warrant: (a) that You are at least 18 years and have the capacity to agree to these Terms and Conditions in accordance with Applicable Laws; (b) to maintain the security of your password and identification. Any access to or use of our Services by anyone under 18 years is unauthorized, unlicensed, and in violation of these Terms of Use.

It is a condition of Your use that all the information, including the Customer Information (defined below) You provide on this App will be correct, current, and complete. If the Company believes that the information You provide is not correct or complete, the Company has the right to refuse You access to this App or any of its resources and to terminate or suspend Your access at any time.

You agree to use the App in a manner that is lawful and proper to any of the Services on the App. Any use of the App that the Company, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of Your use of the App with or without notice.

By using the App, You understand and agree that the Company may rely on the above representations and warranties as true. You understand and agree that the Company may revise the eligibility conditions in this Clause with or without notice from time to time and require new conditions and certifications and that You will abide by such revised eligibility conditions or discontinue using the App.

If You are registering for an Account, we may require You to provide and/or confirm information and documentation that will allow Us to identify You, such as;

• name;
• phone number;
• live passport photograph;
• a government-issued identification document, such as a national identification document, international passport, permanent voter’s card or driver’s license;
• Bank verification number; and
• such other information and documentation that we may require from time to time in accordance with AML/CFT/CPF Laws and our internal risk assessment policies.

(altogether referred to as Customer Information).

Customers must register to create the Account to access the Services.

• Your Account shall be used exclusively by You.
• You must follow reasonable instructions that we give You or publish on our App from time to time, which are intended to help You to safely use the Services.
• If the Company has a reason to believe that there is likely to be a breach of security or misuse of the App, the Company may require You to change Your password or we may suspend Your Account until such breach or misuse is rectified.
• You agree to promptly notify Us if You change Your Customer Information by updating the registration details for the Account.
• If we approve your registration, you will be authorised to use the Services, subject to these Terms and Conditions.

When You register for an Account on the App, You will be required to create Login Credentials.

To prevent fraudulent and unauthorised Transactions, You must keep Your Login Credentials confidential and take all reasonable steps to protect the confidentiality of Your Account and Login Credentials.

If You know or suspect that the security of your Account has been compromised, You must notify Us immediately by contacting [Insert customer care contact].

The Company will not be liable for unauthorised Transactions or activities resulting from Your disclosure of Your Login Credentials on the App.

The Company reserves the right to conduct KYC verification and perform due diligence checks on You from time to time in accordance with AML/CFT/CPF Laws.

You acknowledge and agree that you shall, in a timely fashion, provide all KYC Information requested by the Company.

You acknowledge and agree that Transaction Payments shall be exclusively facilitated through the authorised Company’s Financial Service Providers.

The Company will notify you via the App of the status of each Payment Transaction. (Delete if not a feature on your app please.)

All payments made via the app shall be made through the third party hence the Company shall not be responsible for any unverified payments.

You acknowledge that we are not responsible for the performance of the underlying business transactions between You and a Merchant including but not limited to the shipping and delivery of goods/services within the time agreed by You and a Merchant.

For the avoidance of doubt, the Company shall not be liable for any obligations that may arise from performance of the underlying business transactions between You and a Merchant.

You must not use the App in connection with illegal activity, including but not limited to money laundering, fraud and the funding of terrorist organizations. If we reasonably believe You are using the App in connection with illegal activity or for any fraudulent purpose or are permitting a third party to do so, we shall report You to the appropriate legal authorities.

When using the Account or the Services, You must:

• comply with this Terms and Conditions as well as any Applicable Laws,
• co-operate in any investigation that we reasonably carry out, or that is carried out by any law enforcement agency, government agency or regulatory authority;
• not provide false, inaccurate or misleading information;
• not use an anonymising proxy;
• not modify, reverse engineer, decompile, or disassemble any software or other technology used to provide the Account or Services

We will contact You by phone or email if there is an actual or suspected fraud affecting Your use of the App, the Wallet, or a security threat affecting the App, Your Wallet or Your Account to the extent permitted and/or required by Applicable Law and provided that such notification shall not compromise reasonable security measures,

You hereby authorise Us to share, receive, and use data/information collected from your use of the Services with Third Party Service Providers.

We can send all important communications, billing statements and demand notes and reminders to You electronically via our website or to an email address that You provide to Us while opening the Account.

In accordance with Applicable Law, we have prepared these Terms and Conditions in plain and understandable language however, if You require, please consult independent professional advisers for assistance with understanding the legal implications arising from Your use of the Services. Nothing in these Terms and Conditions or in any information provided by the Company as part of the Services covered by these Terms and Condition is intended to be, nor should it be construed to be, legal or other advice.

You act on your own account and will not make a Payment Transactions on behalf of third parties.

Any instruction, confirmation or communication sent from Your Account shall be deemed to have been sent by You.

You are responsible for maintaining the confidentiality of your Login Credentials and shall ensure that adequate security measures are in place to safeguard your Account and any device you access your Account.

The Company and/or its licensors own all the Intellectual Property Rights and materials contained in the Services as well as to the App.

The access granted to You to the App and Services does not transfer to You, title to or licence to the Company’s right to the App or any of Company’s Intellectual Property Rights. The access granted shall not be deemed to extend or to include any programme or material that belongs to the Company or any of its affiliates other than the Services or App.

You are specifically restricted from all of the following:

• publishing any App material in any other media;
• selling, sublicensing and/or otherwise commercialising any App material;
• publicly performing and/or showing any App material;
• using the App in any way that is or may be damaging to the App;
• using the App in any way that impacts Customer access to the App;
• using the App contrary to applicable laws and regulations, or in any way may cause harm to the App, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the App;
• using the App to engage in any advertising or marketing.

Certain areas of the App are restricted from being accessed by You, and the Company may further restrict access by You to any areas of the App at any time, in absolute discretion. Any credential you may have for the App are confidential and You must maintain confidentiality.

Although we aim to offer You the best service possible, we make no promise that the Services will meet all of Your requirements. We cannot guarantee that the App or Services will be fault-free. If a fault occurs with the App, You should report it to +234 815 677 2152, and We will attempt to correct the fault as soon as We reasonably can.

Your access to the App or Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services. We will attempt to restore the service as soon as we reasonably can.

We reserve the right to suspend or terminate Your access to the Services or App or cease providing You with all or part of the Services at any time, including but not limited to, if We reasonably believe that (i) You do not comply with any of the provisions of these Terms, (ii) You create risks or possible legal exposure to Us, (iii) We are required by Applicable Law to do so, or (iv) You have engaged in fraudulent or suspicious transactions.

The termination of Your access to the Services or App shall not affect or prejudice any rights or obligations that have accrued or arisen under these Terms and Conditions prior to the time of termination, and such rights and obligations shall survive the termination.

This App is provided “as is,” with all faults and defects, and the Company expresses no representations or warranties of any kind related to the App or the materials contained on the App. Also, nothing contained on the App shall be interpreted as advising you.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CUSTOMERS THROUGH THE APP ARE PROVIDED BY THE COMPANY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CUSTOMERS THROUGH THE APP. UNLESS OTHERWISE SPECIFIED IN WRITING. CUSTOMERS EXPRESSLY AGREE THAT THEIR USE OF THE SERVICES IS AT THEIR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CUSTOMERS THROUGH THE APP, OR ELECTRONIC COMMUNICATIONS SENT BY THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CUSTOMERS THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THE COMPANY, IT’S SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD PARTY SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby indemnify, to the fullest extent, the Company, its Affiliates, Third Party Service Providers (and their employees, agents, officers, directors, and contractors) (the “Indemnified Parties”) from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising out of or in connection with:

• Your use of the Services or App, including but not limited to any violation of these Terms and Conditions.
• any content or information you submit, upload, or transmit through the App.
• Your breach of any Applicable Laws.
• Your negligence or wilful misconduct.
• Your use of the Services or App in a manner that infringes or violates the intellectual property rights of any third party.

Should any of the provisions of this Terms and Conditions be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining provisions of this Terms and Conditions which will continue to be valid and enforceable.

The failure of the Company to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or the right to later enforce that or any other part of these Terms and Conditions.

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.

These Terms constitute the entire agreement between the Company and you in relation to your use of this App and supersedes all prior agreements and understandings.

If you have any concern or dispute about the App or Services, you agree to first try to resolve the dispute informally by contacting the Company. Accordingly, You and the Company shall take steps to settle such dispute amicably through mutual negotiations in the spirit of tolerance and mutual respect.

In the event that the dispute is not resolved by mutual negotiations within sixty (60) days, the dispute shall be referred either of you or the Company for mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007 and its applicable rules of procedure including the Practice Direction on Mediation Procedure for the Administration of Mediation Matters at the Lagos Multi-Door Courthouse.

Either of You or the Company may appoint legal counsel to represent such party in respect of the mediation.

The settlement agreement reached by You and the Company pursuant to the mediation shall be final and binding as soon as same is signed by the You or the Company or their duly appointed representatives.

In the event that the dispute is not resolved by mediation within 3 months of commencement of the mediation, You or the Company may seek redress in a Court of competent jurisdiction in Nigeria.

This clause shall survive the termination of these Terms and Conditions and shall accordingly apply at all times to disputes and differences of opinion arising between you hereto concerning these Terms.

This clause shall not preclude the Company from obtaining interim relief from a Court of competent jurisdiction in Nigeria.

These Terms will be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.