1. Concerning these Terms of Use
Kindly carefully read these terms of use. By registering for or using any aspect of the NineCash service (the "Service"), you attest that you have read, understood, accepted, and agreed to be bound by these Terms of Use, which serve as both an end-user license agreement and an electronic financial service. You are not permitted to access or use any portion of the Service if You do not accept to be bound by these Terms of Use. Between NineCash ("We," "Us," or "Our") and You, as an individual user ("You" or "Your"), these Terms of Use form a legally enforceable agreement.
The date of publication determines the effective date of these Terms of Use and any modifications or changes thereto.
2. Definitions and Explanations
2.1 The following terminology must have the following definitions in these terminology of Use:
Affiliate refers to any entity that, with respect to a party, controls, is controlled by, or shares common control with that party; control is defined as the ownership, directly or indirectly, of more than half of the voting capital or a similar right of ownership, or as the legal authority to direct or cause to be directed the general management and policies of that party, whether through voting capital ownership, contractual authority, or other means; controls and controlled are to be interpreted accordingly;
Account refers to the unique account you use to access the system and make use of the services;
The electronic application that We and/or Our Group Companies provide for You to use the Service is referred to as the "App" or "Application";
Applicable Law refers to all applicable laws, rules, regulations, policies, ordinances, protocols, industry codes, traffic codes, permits, licenses, and requirements of any governmental, statutory, regulatory, judicial, administrative, or supervisory body or body, as well as any court, tribunal, or other body, that are periodically in effect during the duration of these Terms of Use;
In the Federal Republic of Nigeria, a day that is neither a Saturday, Sunday, national holiday, or public holiday is referred to as "business day";
Credentials refers to the unique login information you use to access the app, the service, and manage your account;
Credit Reference Bureau: a credit reference bureau authorized by the Central Bank of Nigeria to gather and enable the exchange of consumer credit data, among other things;
A person and its Affiliates are referred to as Group Companies, and Group Companies shall be interpreted as such;
Loan refers to the principle amount of the loan that We have made or will make to You under these Terms of Use via the App at any given time, or (as the situation demands) the principal amount of that loan that is now due;
Local Terms are the additional or substitute terms that apply to certain nations, cities, municipalities, metropolitan areas, or regions that are relevant to You, as provided and updated by Us periodically;
A "mobile device" is any item that allows you to access the network and utilize the application, such as your mobile phone handset, SIM card, and/or other equipment. Examples of such equipment include laptops, desktop computers, tablets, and other mobile and immobile devices.
Your mobile money store of value, or mobile money account, is the record that Nigerian mobile money providers keep of the amount of E-Money that You have sometimes kept in their system;
The term "mobile money" refers to the payment and money transfer services offered by Nigeria's mobile money providers;
A mobile network operator is one who is registered with the Nigeria Communications Commission (NCC) in Nigeria;
A mobile money provider is a mobile network operator who, in accordance with the relevant legislation, has been lawfully authorized by the Central Bank of Nigeria to provide mobile money services in Nigeria;
The term "mobile money service" refers to the payment and money transfer services made available by mobile money providers via the mobile money system;
The term "Mobile Money System" refers to the framework that Nigerian mobile money providers use to provide their services;
Policies refers to any rules, regulations, or instructions that apply to You as a user, as informed to You by Us periodically, and as We may amend from time to time;
Data about an individual who can be recognized from that data, or from that data and other information to which We have or are likely to have access, is referred to as personal information, whether it is true or not. This could include the following: the person's name, BVN, date of birth, gender, educational background, religion, photo, physical address, email address, employment details, marital status, emergence contact, phone number, SIM card details, financial and credit information (including details about a person's bank account, mobile money account, and bank verification number, if applicable), account ID and/or password that will be used to access the app after registration, and other details that, when combined with other details, could be used to identify a specific person.
Request refers to a request or instruction that We have received from You, or that We believe You have sent Us via the System and that gives Us permission to act;
Any financial service or product that We may provide to You in accordance with these Terms of Use and that You may sometimes subscribe to is referred to as "Service," and this definition will apply;
The acronym SIM card refers to the subscriber identification module, which allows you to access the network and utilize your Mobile Money Account when paired with the proper mobile phone device;
SMS stands for short messaging service, which is the transmission of text messages from one mobile device to another;
The term "Specific Terms" refers to any additional or different terms that may be applicable to certain sections of the System and/or the Service and that You may sometimes be advised of;
System refers to the NineCash system that We provide users in order to deliver the Service. This system includes the App as well as any associated platforms, websites, apps, and other systems and services that provide support.
Territory is the area in which You make use of the System and the Service;
Transaction fees are any costs and fees associated with using the service that We post on the App or in any other method that We decide in Our Sole Prerogative. Transaction prices are subject to change at any moment at Our Sole Prerogative;
Website refers to any webpage that is sometimes run by Us or one of Our Group Companies.
2.2 In these terms of use, the terms "including," "include," "in particular," "for example," and similar expressions do not refer to email unless otherwise noted. Additionally, any phrase introduced by these terms is illustrative and does not restrict the meaning of the words that come before them. The English language was used to construct these terms of use. The English version of these Terms of Use shall take precedence over any translations into other languages. The following takes priority in the case of any inconsistency: (i) the Local Terms, if any; (ii) the Specific Terms, if any; and (iii) the remaining portions of these Terms of Use.
3. Your obligations and warranties
By signing this, you promise and affirm to Us that:
3.1 You are fully able and authorized to accept these Terms of Use, to be bound by them legally, and to carry out Your duties under them;
3.2 You agree to abide by these Terms of Use and all applicable laws at all times; moreover, you agree to inform Us of any violations of these agreements;
3.3 You agree to use the System and the Service solely for legitimate reasons and in accordance with their intended uses;
3.4 You are responsible for making sure that any papers, credentials, and personal information that You (or Your representatives) provide to Us or via the System are always true, up to date, comprehensive, and not deceptive;
3.5 You are only permitted to utilize an authorized account and internet access point;
3.6 You must not participate in any dishonest, false, or deceitful behavior; and
3.7 You are not allowed to hinder or evade the network that the System runs on in order for it to function properly.
4. Agreement to these Terms of Service
4.1 Before downloading or streaming the App or creating an account with Us, you must carefully read and understand all of the terms stated in these Terms of Use, as updated from time to time by Us. These Terms of Use will control how the App and the Account are used and function.
4.2 After installing the App, You will be asked to confirm that You have read, understood, and agree to be bound by these Terms of Use. Clicking the "Accept" button on Our System will be interpreted as Your acceptance of these Terms of Use.
4.3 By installing the app and creating an account, you agree to abide by the terms of use that govern how the account is used. You also confirm that these terms do not affect any other legal or other rights We may have about the account.
4.4 We reserve the right to change or modify these terms at any time, and by using the service going forward, You agree to be bound by any changes we make. We'll make every effort to let you know about any changes.
4.5 The Website may sometimes be used to provide updates for the App. You may not be able to use the Service at all until You've downloaded or streamed the most recent version of the App and agreed to any updated terms and conditions of these Terms of Use, depending on the update.
4.6 By using the App or any of the Services, You agree that we may gather and use technical data about the Mobile Device and associated hardware, software, and peripherals for internet-based or wireless Services in order to enhance our offerings and provide You with any Services. By using these services, You agree to the transmission, collection, retention, maintenance, processing, and use of Your data by us, our affiliates, and licensees for the purposes of determining our credit score services, improving our service, and/or enhancing Your experience with the app.
4.7 By using the App and Service, You give Us permission to examine Your credit report for credit scoring and appraisal purposes, as well as to exchange Your credit information—both positive and negative—with Credit Reference Bureau.
Additionally, in the event that We are unable to reach You by any other means or that We have not received Your payment in connection with the Loan described in this Clause 11 of the agreement, You explicitly permit Us to contact You and Your emergency contact, if agreed upon in writing, in order to verify Your details.
4.9 By submitting this bank card verification, you give NineCash and the third-party payment institution permission to use this bank card for automatic deductions in the event that you are unable to repay the loan by the scheduled date.
5. How You Utilize the Service
5.1 Only those who are at least eighteen years old may use the service that we provide. We retain the right to contact the appropriate Mobile Money Provider to confirm the legitimacy and current condition of Your Mobile Money Account.
5.2 The App will indicate that Your application for an account has been accepted. You thus agree and recognize that, except from the terms and conditions that are periodically applicable to Your Mobile Money Account, Our approval of Your application for an Account does not establish a contractual relationship between You and the Mobile Money Providers.
5.3 in any time, in Our sole and absolute discretion, and without providing any explanation or prior notice, We reserve the right to deny Your request for a loan or to revoke it.
5.4 Based on Our periodic evaluation of Your credit profile, We retain the right (in Our sole and absolute discretion) to grant, refuse to grant, and/or modify the conditions of any Loan. Each loan application's conditions and the interest rate that will be charged will be shown on the app.
6. How You Utilize the System
Allowed and reserved rights
6.1 We and Our licensors (if any) hereby grant You a limited, revocable, non-exclusive, non-transferable, royalty-free license to access and use the System solely for Your personal use in order to obtain the Service offered by Us, both during the term of these Terms of Use and in the Territory.
6.2 We and Our licensors (if any) retain all rights not explicitly granted to You under these Terms of Use. Nothing in these Terms of Use gives You ownership of the System, either fully or partially.
Prohibited behaviors:
6.3 When using the System, You are not allowed to:
6.3.1 provide permission to use, sublicense, sell, resell, transfer, assign, distribute, or in any other way commercially exploit the System or make it accessible to any third party;
6.3.2 alter the System, create derivative works based on it, or access the underlying software via reverse engineering;
6.3.3 use the system to create a rival product or service, create a product that borrows ideas, features, functions, or graphics from the system, or run an automated program or script that might make several server requests in a second, or that unnecessarily burdens or impairs the system's operation and/or performance, or that tries to obtain unauthorized access to the system or related systems or networks;
6.3.4 make use of any program or procedure to obtain, index, "data mine," or otherwise replicate or evade the System's navigational structure, presentation, or content;
6.3.5 delete any copyright, trademark, or other proprietary rights notices from the System, or publish, distribute, or reproduce in any manner any copyrighted material, trademarks, or other proprietary information without first getting the permission of the owner of such proprietary rights;
6.3.6 transmit or retain any content for illegitimate or dishonest uses;
6.3.7 transmit unsolicited communications, such as spam, or in any other way disturb, bother, or make fictitious reservations;
6.3.8 transmit or retain offensive, defamatory, threatening, obscene, or otherwise illegal or tortious content;
6.3.9 transmit content that includes malicious computer code, files, scripts, agents, or programs, such as software viruses, worms, or trojan horses;
6.3.10 tamper with or impair the System's functionality or integrity, or the data it contains;
6.3.11 pretend to be someone else or something else, or falsely claim to be associated with someone or something else;
6.3.12 willfully mislead where you are; or
6.3.13 falsifies any significant facts about You or that might influence our choice to do business with You in any way;
6.3.14 in any way harm the reputation of Our or any of Our Group Companies;
6.3.15 Gather or harvest any data or information from our systems or any Service, or try to decode any communications to or from the servers that power any Service.
7. You Account
7.1 You must create and keep an Account as an App user in order to access the System as a user.
7.2 Everything you do on Your Account is your responsibility. You:
7.2.1 A single Account is required;
7.2.2 You have to protect and maintain the privacy of the information in Your Account;
7.2.3 You shall not provide anybody else access to Your Account, including by transferring Your Account's contents to another individual;
7.2.4 If You believe there has been unauthorised access to or use of Your Account, You shall contact Us right away; and
7.3 Without affecting Our other rights and remedies, We retain the right to ban or prevent access to Your Account and/or to disable any features that are accessible on the App:
7.3.1 in the event that We determine, in Our sole discretion, that You have broken any of these terms of service;
7.3.2 while a probe is underway;
7.3.3 if You owe Us or any of Our Group Companies any principle, interest, transaction fees, or taxes;
7.3.4 in the event that these Terms of Use are cancelled for any cause; or
7.3.5 at any other moment, if it suits Our reasonable judgment.
8. Your Individual Data
You give Us permission to use and use Your Personal Information in the ways described in this Privacy Policy, which We may update from time to time.
9. Requests You Make
9.1 You now give Us irreversible permission to handle any requests that We receive from You (or allegedly from You) via the System and to hold You accountable for such actions.
9.2 Regardless of whether We have previously granted You a Loan, We retain the right, in Our sole discretion, to deny any Request in connection with a Loan application from You.
9.3 If at Our sole discretion We believe that it can correct the incomplete or ambiguous information in the Request without requiring any reference to You, We shall have the right to accept and act upon any Request, even if it is otherwise incomplete or ambiguous for any reason.
9.4 You will be bound by any Request on which We may act if We have acted in good faith believing that such instructions have been sent by You. We will be presumed to have acted appropriately and to have fulfilled all the obligations owed to You, even if the Request may have been initiated, sent, or otherwise communicated in error or fraudulently.
9.5 Pending more research or confirmation (written or otherwise) from You, We may, at Our Complete Discourse, refuse to act upon or in conformity with all or any portion of Your Request.
9.6 You consent to, and will release and hold harmless Us from, any and all claims, losses, damages, costs, and expenses resulting from, or connected in any manner to, Our acting in compliance with all or part of Your Requests (or failing to exercise) the discretion granted to It.
9.7 You understand that We will not be responsible for any unauthorised drawing, transfer, remittance, disclosure, activity, or incident on Your account resulting from Your knowledge and/or use or manipulation of Your Account PIN, password, ID, or any other means, whether or not caused by Your negligence. To the fullest extent permitted by Applicable Law.
9.8 Under the applicable law, we are authorized to implement any orders regarding Your Account that may be mandated by a court order, competent authority, or agency.
9.9 These Terms of Use will take precedence over any requests that We receive from You in the event that there is a discrepancy between their terms.
10. You Have Duties
10.1 You are responsible for providing and keeping Your Mobile Device, which is required to use the System and the Service, in a safe and functional working condition at Your Own Expense.
10.2 It is your responsibility to make sure your mobile device is operating properly. We disclaim all liability for any mistakes or malfunctions resulting from Your Mobile Device's malfunction, as well as any computer viruses or other issues that may arise from using the System, the Service, or the Mobile Device. We will not be liable for any losses or delays brought on by any service provider that provides you with a network connection; instead, you will be responsible for any fees that the service provider may charge.
10.3 You will use your mobile device to access the app. It is your duty to make sure you are downloading the appropriate app for your mobile device. If you don't have the most recent version of the app on your mobile device or don't have a compatible device, we won't be held responsible.
10.4 You must tell Us straight once and follow the instructions provided by Us if Your Mobile Device is lost, stolen, damaged, or no longer in Your control and this exposes Your Account information and Your Credentials to someone else or otherwise affects Our legal rights and/or remedies. You hereby undertake to indemnify and keep Us blameless from any damages arising from any revelation of Your Account information and Your Credentials, and We will not be responsible for any disclosure of such information to any third party.
10.5 You bear full responsibility for setting up a suitable internet and mobile plan, as well as for any costs incurred by Your Mobile Service Provider, including SMS, internet, and phone data rates. You understand that using the system may need a lot of data, and that you will be fully accountable for this consumption and all related costs.
10.6 When using the System and the Service, you must abide by all guidelines, policies, and instructions included in these Terms of Use and any other document that We provide.
10.7 You are required to detect any unauthorised use of the System and the Service by taking all necessary safeguards. In order to do this, You will make sure that, as soon as it is reasonably possible after receiving them from Us, You or someone on Your behalf will review and verify every message in order to identify any unauthorized use of or access to the System. You are required to notify Us right away if:
10.7.1 You have cause to suspect that Your Credentials have been compromised, are or may be known to anyone who is not authorized to know them, or both; and/or
10.7.2 You have grounds to suspect that unauthorised use of the service has happened, is happening, or may happen, and that a transaction has been compromised or fraudulently entered.
10.7.3 You will always adhere to the security protocols that We may periodically notify You of, as well as any other protocols that may sometimes be relevant to the Service. You understand that any inability on Your behalf to adhere to the suggested security protocols might lead to a confidentiality breach about Your Account. Specifically, it is your responsibility to make sure that no one other than those authorized by You uses the Service, makes Requests, or carries out any related tasks.
11. Money Terms
Charges for Interest and Transactions
11.1 We will indicate on the App the interest that You owe Us in connection with any Loan. In the meantime, We reserve the right to establish and collect Transaction Fees in relation to Your use of the Service and to periodically change or modify Such Fees. The Transaction Fees due on each new application for Service will be disclosed on the App if We decide to start collecting Transaction Fees or, if already applicable, change or revise Our Transaction Fees. When it comes to Transaction Fees, We will make every effort to let You know about any changes well in advance of their implementation. This includes posting information about the changes on the App.
11.2 Unless otherwise required by law, You must make any payments due under these Terms of Use in full, free and clear of any deductions or withholdings, and without any kind of counterclaim or setoff. If You are ever obliged to deduct or withhold money from any payment that You make to Us, You must pay Us the extra amounts right away so that We are paid the entire amount that We would have received in the absence of such necessary deductions or withholdings.
11.3 We reserve the right to charge late penalties on any amount you borrow from Us, at a rate that will be announced beforehand on the App, if You neglect to pay Us any money that is due by the deadline.
Taxes
11.4 All amounts that You are required to pay under these Terms of Use and Loan are computed exclusive of any taxes that You may be required to pay. You should pay Us an extra amount equivalent to the payment multiplied by the applicable tax rate if any taxes are due in connection with the payment. Even if our partnership ends or is terminated, you will still need to comply with Our demands at the same time as you make the payment.
11.5 By accepting this agreement, you grant Us permission to withhold money from Your Account in the event that We are required to do so by law, in accordance with agreements with tax authorities, or in order for Us to abide by internal policies, applicable orders, or sanctions from tax authorities.
Cash
11.6 You agree to pay Us the principle, interest, transaction fees, and tax associated with these Terms of Use and the loan by using the payment methods provided before or on the due date that is periodically given and shown on the App.
11.7 All payments have to be made in the Territory's native currency.
12. By Default
12.1 A default event happens when You
12.1.1 unless the failure to pay is due exclusively to an administrative error or technical issue; or are declared bankrupt; fail to pay any amount or installment (including all accrued interest, Transaction Fees, and tax) payable for a Loan granted under these Terms of Use for a period of fifteen (15) cumulative days.
12.2 In addition to any other rights or remedies that may be available to us under applicable law, at any point after the occurrence of a continuing event of default, We may:
12.2.1 end these Terms of Use in line with this clause 13;
12.2.2 announce that the Loan is immediately due and payable, and that they will become immediately due and payable; this includes any accumulated interest, Transaction Fees, tax, and any other sums outstanding under these Terms of Use;
12.2.3 Provide Credit Reference Bureaus with details on the default occurrence. Upon written request, You will get a copy of any negative information that has been transmitted to a credit reference bureau about You and Your credit information; and
12.2.4 charge You late fees based on the rate that appears on the app for your payment default.
13. Duration and Ending
13.1 Until terminated in line with their provisions, these provisions of Use will remain in effect.
13.2 We may suspend or terminate Your use of the System, the Service, and Your Account in whole or in part, as well as these Terms of Use:
13.2.1 whenever and for any reason by notifying You;
13.2.2 Without affecting Our other rights and remedies, you must comply with these Terms of Use promptly, with or without warning;
13.2.3 in the event that Your mobile money provider or mobile network operator terminates Your account or agreement for any reason;
13.2.4 in cases where such a suspension or termination is required due to technical issues or for reasons of safety; in order to make it easier to sometimes update or upgrade the Service's functionality or contents; in the event that Your Account becomes dormant or inactive;
13.2.5 if We must or are asked to abide by a directive, rule, or suggestion from the government, a court, a regulator, or another authority
13.2.6 if We choose, in Our sole discretion, to suspend or terminate the Service's supply for business purposes or for any other reason;
13.3 Should these Terms of Use be terminated or expire for any reason, You will:
13.3.1 Pay Us any principle, interest, transaction fees, or taxes that are due (which are due immediately upon termination) as soon as possible, and in any case, within three days; and
13.3.2 Delete the application from your mobile device right away and uninstall it completely.
13.4 Nevertheless, all accrued rights and obligations of either party will remain unaffected by the termination.
13.5 Following termination of the Terms of Use, the parties shall have no further obligations or rights under the Terms of Use, subject to any obligations or rights that have accrued to either party at the time of termination; provided, however, that the provisions of Clauses 2, 3, 8, 11, 13, 14, 17, and 18, and any other clause which is expressly or by its nature intended to survive, shall remain in effect.
14. Liability Exclusion and Indemnities
Compensation
14.1 In the event of any claim, cost, damage, loss, liability, or expense (including legal fees and costs) arising out of or related to any of the following, you shall defend, indemnify, and hold harmless Us, Our licensors, and each such party's Affiliates and their respective officers, directors, members, employees, and agents.
14.1.1 Any violation of these terms of use or any applicable laws by you; and
14.1.2 How you use the Service and/or the System, including:
14.1.2.1 any claims by third parties resulting from Your use of the Service and/or the System;
14.1.2.2 any loss or harm that might result from using, abusing, or possessing any software that was developed by a third party, including, but not limited to, operating systems, browser software, and other software packages or applications;
14.1.2.3 any unapproved access to your account, any security lapse, any loss or unauthorized access to your data, any theft or damage to any of your mobile devices, and
14.1.2.4 any loss or damage brought about by Your failure to abide by these Terms of Use and/or by providing false information; loss or damage brought about by the malfunction or unavailability of third-party systems or facilities; any loss that may be suffered by Us as a result of any violation of these Terms of Use.
Liability Exclusion
14.2 Should the Service be interrupted or unavailable due to the malfunction of any of Your Mobile Devices, or for any other reason beyond Our control, such as Force Majeure or error, interruption, delay, or non-availability of the System, equipment failure related to terrorist or enemy action, loss of power, unfavorable weather or atmospheric conditions, or failure of any public or private telecommunications system, We shall not be liable for any losses incurred by You.
14.3 You understand that the App has not been designed to fulfill Your specific needs, and that it is your duty to make sure the features and functionalities of the App as advertised fulfill Your needs.
14.4 The App is only available for personal use. You acknowledge that We will not be liable to You for any loss of profit, business disruption, or lost business opportunity, and that You will not use the App for any commercial, business, or resale reasons.
14.5 You agree that We will not be responsible for any losses or damages You incur from or in relation to:
14.5.1 any flaw or imperfection in the application or any service as a consequence of your modifications to the application;
14.5.2 any flaw or imperfection in the application that arises from You using it against these terms of use;
14.5.3 Your violation of this clause 6;
14.5.4 Your Mobile Money Account does not have enough money in it;
14.5.5 the System, Your Mobile Device, the network, or a Mobile Money System fails, malfunctions, is unavailable, or is otherwise hindered in any way; the funds in Your Account are the subject of a lawsuit or other legal action that limits payments or transfers thereof; You fail to provide accurate or comprehensive instructions for payments or transfers related to Your Account;
14.5.6 any dishonest or unauthorized use of the system, the service, or your mobile device; or
14.5.7 Your noncompliance with these Terms of Use and any guidelines or instructions we may have given you for using the System and the Service.
14.6 Even if We are informed in advance of the possibility of such loss or damage, We shall not be liable to You for any loss of profit or projected savings, or for any indirect or consequential loss or damage of any kind, however caused, arising out of or in connection with the Service.
14.7 To the greatest extent allowed by applicable law and absentee language in these terms and conditions, Our maximum aggregate liability arising under and in connection with the application, the system, the service, and/or these terms and conditions shall not, in any case, exceed the Transaction Fees paid by You to Us in connection with the first event giving rise to a claim under these terms and conditions, whether in tort, contract, or otherwise.
14.8 Unless otherwise noted in these Terms of Use, You must notify Us of any claims You may have against Us under or in connection with the App, the System, the Service, or these Terms of Use within six (6) months of the events giving rise to such claims. If You fail to do so, You will forfeit any rights and remedies You may have with respect to such claims, to the extent allowed by applicable law.
14.9 We disclaim any liability to you for:
14.9.1 issues in communications infrastructure that are not conceivably under Our control and that might compromise the timeliness or accuracy of messages you send or the content you access via the App;
14.9.2 any losses or lags in message or content delivery that you get by using a mobile network service provider or Internet access service provider, or from any browser or other software that is not managed by us;
14.9.3 viruses that might infect your mobile device or other property as a result of using the app or service, accessing any of its contents, or using it;
14.9.4 any unauthorized use or eavesdropping on any communication or data before it is sent from the App to Our servers;
14.9.5 any unauthorised use or access to data that We have about You or Your transactions, to the degree permissible by Applicable Law, unless such use or access is the result of our fraud, carelessness, or failure to comply with laws pertaining to the protection of Your data;
14.9.6 any outside stuff that is supplied.
15. Other Websites
15.1 We may include links and pointers to other mobile apps or websites run and managed by third parties ("Third Party Sites or Apps") on the Service or the App. These links are offered just as recommendations for content on subjects that you may find helpful. But, creating a link to any Third-Party Sites or Apps does not imply that we support or endorse any views, opinions, goods, services, information, or other items that may be found on any Third-Party Sites or Apps.
15.2 We disclaim all explicit and implied guarantees on the accuracy, completeness, dependability, or fitness of any material on Third-Party Sites or Apps for any specific purpose. We make no guarantees about the absence of viruses or other infection on any Third-Party Site or App, nor do we guarantee that they are free from claims of copyright, trademark, or other infringement.
15.3 You recognize that Third-Party Sites and Apps could provide less security than ours, and that they might have privacy policies that vary from ours. It is entirely up to you whether or not to utilize any of the goods or services that are offered or promoted on a third-party site or app, or to visit a third-party site or app.
16.Agreement to Receive Communications from Direct Marketing
You consent to receiving direct marketing messages from us by using the Services. You may choose not to receive marketing messages from us by following the instructions on the relevant communication.
17. Resolution of Disputes
17.1 If the law in Your Territory requires otherwise, the laws of Nigeria will govern these Terms of Use and any and all disputes arising out of or in connection with them (including any alleged breach or challenge to the validity or enforceability of these Terms of Use or any provision hereof). In all other cases, the laws of Your Territory will govern these Terms of Use.
17.2 Any disagreement, question, or dispute of any kind arising out of or related to these Terms of Use—aside from what is expressly stated here—shall be referred for final resolution to a single arbitrator to be appointed by agreement between the parties hereto, or, in the event that such agreement is not followed—within seven (7) days of the dispute being notified to one of the parties, by the Chairman of the Nigeria Branch of the Chartered Institute of Arbitrators (the "Institute") upon application by either party.
17.3 The Nigerian Arbitration and Conciliation Act's rules will be followed, and the arbitration will take place in Lagos, Nigeria.
17.4 The arbitrator's decision is final and binding on the parties to the degree permitted by law.
17.5 Nothing in this Clause 15 shall impede either Party's ability to file a lawsuit of any kind in order to request preliminary injunctive relief, as well as interim or conservatory measures, from any court with appropriate jurisdiction while waiting for the arbitrator's final ruling or award.
18. Overall
18.1 If there is a delay or performance failure due to circumstances beyond of our reasonable control, We will not be held responsible.
18.2 You agree not to divulge to any third party, at any point in time, any private information pertaining to Our or Any of Our Affiliates' operations, clients, or suppliers.
18.3 You acknowledge and agree that we may, in Our sole discretion, assign, transfer, at any time and without prior notice to You, all or part of the creditor's rights pertaining to the Loan (the "Transfer"). The aforementioned Transfer has no bearing on Your obligations under these Terms. You must follow the payment procedures that We have provided on the app.
18.4 From time to time, We may change these Terms of Use at Our Complete discretion. Although You acknowledge that it is Your obligation to routinely examine the Terms of Use and that Your continuing use of the System and the Service will represent Your acceptance of such modifications, We shall use Our reasonable efforts to inform You of any substantial changes to the Terms of Use.
18.5 Each party's rights under these Terms of Use may be used as frequently as required; they are cumulative and do not supersede any legal rights or remedies, and they may only be formally and in writing renounced. Any right that is not immediately exercised or not at all is not waived.
18.6 All prior agreements or understandings between the parties on the subject matter of these Terms of Use are superseded by these Terms of Use, which represent the parties' full understanding and agreement about it. The parties thus moreover disclaim any implicit terms of fact. Except as specifically stated in these Terms of Use or as clearly inferred by applicable law, the parties have not relied upon any statement, representation, guarantee, understanding, undertaking, promise, or assurance of any person in entering into these Terms of Use. Every party hereby absolutely and irrevocably waives any and all claims, rights, and remedies that it may have otherwise had in connection with any of the aforementioned had it not been for this clause. Nothing in these Terms of Use limits or eliminates our responsibility for fraud or any other kind of liability that is prohibited by applicable law.
18.7 Without Our prior written agreement, You may not assign, sublicense, transfer, subcontract, or otherwise deal with any of Your rights or obligations under these Terms of Use. With the exception of situations where applicable law requires otherwise, We may assign, sublicense, transfer, sublet, or otherwise deal with Our rights or responsibilities under these Terms of Use whenever We see fit, without prior notice to you.
18.8 Should a Court or other appropriate authority rule that any portion of these Terms of Use is unlawful, void, or unenforceable under Applicable Law, the remaining portions of these Terms of Use shall survive and be fully implemented; the relevant portion shall be substituted, to the greatest extent possible, with a provision that is lawful, valid, and enforceable and that has the same effect as the portion that was removed from these Terms of Use.
18.9 No provision of these Terms of Use may be relied upon or enforced by any person who is not a party to them.
18.10 We may notify You by sending an email to the address you provided in Your Account or by posting a general notice on the App or the System. Notice must be sent to us by email at help@nine-cash.com. 18.11 You may contact help@nine-cash.com with any concerns or recommendations about the System and the Service. 19. Customer Recompense When Necessary
As a conscientious provider that prioritizes the needs of our clients, we pay compensation when necessary, based on an individual basis. When you bring us a complaint, we thoroughly evaluate it and, if necessary, take fast corrective action, such as making amends or paying compensation.
Plan of Remuneration
Reimbursement for Services
Penalty interest charged due to transaction delay delayed in loan clearance
Refund of Irregular Deduction + 5% of the most recent purchase
Double Interest 2% of the double interest charged plus immediate reimbursement of any excess interest
Error Messages: Application of 5% of the charging interest and retraction message
20. DISCIPLINARY PROCEDURE FOR LOAN COLLECTION AND CLIENT COMMUNICATION
It is necessary for all employees to consistently display and demonstrate PROFESSIONALISM and MORAL ETHICS while interacting with consumers, regardless of whether they are owed money or not.
In order to collect debts or settle disputes, loan collectors, recovery agents, and customer service representatives are not allowed to in any manner threaten, abuse, insult, or slander clients or their connections. Any employee who engages in any of the aforementioned activities is acting on their own behalf, and they will be held fully accountable for their conduct.
CLIENTS' CODE OF ETHOS
Utilizing Ninecash's Offering
The client will get a trackable receipt number and a short service guide when applying for a loan facility via our NineCash platform. The guide will cover the terms and conditions of the subscriber's agreement as well as when and how to utilize Ninecash's service. These terms and conditions were drafted in compliance with Ninecash's relevant license responsibilities as well as international best practices.
A receipt is provided to the client, which along with the other records mentioned in this client Code of Practice serve as evidence of acceptance. Clients are urged to save all necessary paperwork and packing in a safe location since they could be needed in the future to address concerns.
Ninecash is a regulated and authorized financial technology (FinTech) firm that is committed to helping Nigerians accomplish their immediate financial responsibilities as well as their short-term goals.
Data Protection and Confidentiality
At Ninecash, protecting the privacy of our customers is our top concern. We keep up procedural, technological, and physical security measures to guarantee that the data of our clients is protected.
Unless such information is available to the public or disclosure is mandated by law or in accordance with Ninecash's licenses, Ninecash and its authorized agents will make every effort to ensure that information obtained or received in the provision of our service is kept confidential, not disclosed or made accessible to third parties, or used for purposes other than the promotion of Ninecash's service.
In order to better serve our clients and make sure we are only speaking with authorized individuals when responding to their inquiries, complaints, and requests, we may gather and retain their personal information.
Extra precautions for customers with disabilities
Ninecash is a client-focused company, thus it will always work to make sure that all of its agents and customers, regardless of any physical limitations, may use and benefit from Ninecash's first-rate customer care services. In order to allow users to contact our Customer Care hotlines around-the-clock, seven days a week, Ninecash will make sure that its platform is usable by everyone, irrespective of their physical condition or disability, such as a hearing or speech impairment. Consumers with impairments may use SMS to get in contact with our customer support lines.
Giving Customers Information
Ninecash shall use straightforward, understandable language in accordance with best practices to make sure that all of its agents and clients get comprehensive, accurate, and current information.
When a customer asks Ninecash for information on their services, the company will try to get back to them as soon as possible. This information will be given without charge and will at minimum include the following:
(a) Current service agreements available on its website, which include costs, terms, and conditions for all services provided to the general public.
(b) Services that are subject to pricing or tariff regulation by the Commission must be made available at specific business offices and on Ninecash's website, as well as specified in service tariff pages published in an accessible format;
(c) The terms of service will be available on the Ninecash website and on any platform that clients use to access services; and
(d) In the event that Ninecash modifies the interest rates it charges for its services, the impacted customers will be informed of the proposed adjustments and given the option to either accept the new terms and conditions or cancel their current plan by offsetting it with the applicable terms and conditions.
Service Agreement
A copy of the contract or agreement for the provision of Ninecash's services will be provided or made accessible upon request. The contracts will be written in easily comprehensible language for all customers.
Information on Prices
Prior to entering into a service agreement, Ninecash is required to notify the client of:
(a) the relevant fees or rates;
(b) the nature of the accusations;
(c) every component or portion of a relevant charge, as well as the computation technique;
(d) how often the charge is made or any other factors that contribute to the charge;
(e) Whether the charges or any of its components are susceptible to periodic modification,
the specifics of these modifications and how the customer will be notified of them.
Promotion and Illustration of Services
Ninecash will make sure that all of its marketing materials and advertisements adhere to all applicable laws and regulations that are in force in the Federal Republic of Nigeria, as well as the advertising standards and the Nigerian Code of Advertising Practice as provided by the Advertising Practitioners Council of Nigeria. Additionally, Ninecash will make sure that all of its commercials are made with a strong sense of social responsibility and adhere to the rules of fair competition. They will also be polite, truthful, and honest.
Telemarketing Without Requests
1. Without disclosing the following, Ninecash will not participate in unwanted telemarketing:
a. the specific goal of the message as well as the identification of the Ninecash or other person on whose behalf it is made at the outset;
b. the whole specifics of any item or service that is being discussed throughout the conversation; and
C. That the recipient of the communication will have the absolute right, within seven (7) days of the communication, to terminate the agreement service by calling the customer care number (which the licensee will specifically provide to the recipient during the communication), unless the recipient has already received and used the product or service by that point.
2. Additionally, Ninecash will carry out telemarketing in compliance with any “call” or “do-not-call” preferences noted by the client at the time of signing a service contract or subsequently, as well as any additional rules or guidelines that may be periodically issued by any other appropriate authority.
3. A Ninecash will, without affecting this section's paragraph (1), make sure that:
a. No unwanted phone calls or short message services are sent to clients without their consent;
b. Customers must always have the choice to accept or reject unwanted phone calls or short messaging services;
C. In order to give customers the option to either stop receiving unsolicited voice calls or short message services, or to choose which category of unsolicited calls or short message services they can receive, all unsolicited calls and short message services are streamlined;
Phone Call
1. Ninecash will make sure that, while making an unsolicited transaction, its sales representative gives the call recipient enough details to identify the Licensee, including name and/or unique identity
I. the principal intention behind the unsolicited sale;
ii. a sufficient explanation of the good or service;
III. any requirements or limitations that make the unsolicited sale eligible.
2. Three rings is the maximum number of rings that may be used to try to set up a voice call, and clients can only get two (2) tries each day.
Accessibility of Services
1. Any technological or geographic restrictions on a service's accessibility to customers shall be made known by Ninecash in promotional materials that highlight the service's availability. These restrictions include:
a. significantly impact the service's performance; and
b. which the Licensee is aware of.
2. Any promotional materials that promote a service offer from Ninecash will explicitly state any restrictions or limits associated with the offer.
a. to a certain demographic;
b. to a certain zone, region, or other section of the nation's territory;
C. to a certain time frame; or
d. due to the restricted availability of facilities, equipment, or other resources
Practices for Consumer Billing, Charging, Collection, and Credit
1. Ninecash will always make certain that
a. billing is prompt and accurate;
b. Accurate billing may be verified;
C. The bill or any easily accessible source must provide enough information for the consumer to verify the bill at no cost;
d. Ninecash will notify or provide a customer, upon a legitimate request, timely, accurate, and up-to-date information on its billing terms and conditions and alternatives pertinent to that customer;
e. It saves documentation of a client's bill and associated expenses for a minimum of twelve (12) months; and
2. Referrals to "billing" or "bill" in the context of this section's responsibilities include a Licensee's processing and recording systems.
Making contact with Seaman Venture
Ninecash clients may get in touch by:
Phone: 9139388342
• The addresses of the nine cash offices mentioned in this consumer code of conduct.
• The Ninecash website, which may be accessed at NineCash.tech; emails should be sent to the help@nine-cash.com addresses mentioned in this Customer Code of Practice. • Through Dispatch to:
The Director in Charge
Nine-money
Phone: 9139388342
Online at ninecash.com
Resolving Complaints
I. In addition to including any further information that may sometimes be available, Ninecash will provide clearly understandable information on its complaint procedures in a variety of media and forms, including hard copy and online links on the company's website.
ii. The content must include all pertinent details about Ninecash complaint procedures and must be presented in an understandable way.
III. Ninecash will provide a policy for managing complaints that includes a set of complaint processes that are clear, understandable, and efficient. This policy also makes it easier for the right people to access Alternative Dispute Resolution (ADR).
IV. Ninecash will make sure that customers can quickly determine how to file a complaint, whether it be in person at one of the company's locations or via designated contact channels.
v. Details on the procedures for processing complaints must include the following information: (a) about the right of consumers to file complaints;
(b) on how to get in touch with Ninecash to file a complaint; and
(c) about the kinds of supporting documentation, such as the kinds of papers the complainant must provide in order to file a complaint.
(d) Ninecash shall keep a record of any complaints and handle them in line with established protocols.
Procedure for Complaints
1. Ninecash will make sure that its procedures for receiving and handling complaints don't excessively discourage customers from filing them. The complaint procedure will comprise:
a. a physical location where customers may register or file complaints in person;
b. a number that customers may reach without charge; or
C. an electronic mail address
d. a link on the Ninecash website that allows customers to access the procedure in an equal manner.
Customer Recompense When Necessary
As a conscientious and customer-focused operator, Ninecash provides reimbursement to clients as needed, on an individual basis. When a complaint is brought to Ninecash's attention, it is thoroughly examined, and if necessary, a timely corrective measure, such as restitution or compensation, is taken:
Plan of Remuneration
Reimbursement for Services
5% of services fail.
Inadequate payment: 2%
Not credited: 5%
Product Upkeep and Warranties
I. Ninecash will notify the client of any contractual warranties pertaining to the goods they have subscribed to before offering to deliver services;
ii. In cases when a warranty is available but not included with the items, Ninecash will let the customer know where and how to get it.
III. Specific details about any maintenance services provided will be sent by Ninecash.
Disclaimers
In order to guarantee that any disclaimer included in an advertising is comprehensible, Ninecash will take the following steps:
(a) The disclaimer does not contradict the advertisement's main point or goal;
(b) That, taking into account the media or format used, the disclaimer's content is understandable and stated in plain English; and
(c) The advertisement's recipient or targeted audience is made explicit.
Safety, health, and the environment
I. For the duration that they are in effect, Ninecash shall abide by all applicable environmental, health, and safety laws as well as Commission rules.
ii. Ninecash has the authority to create and enforce the following environmental, health, and safety codes:
(a) Eliminating outdated electrical and electronic devices;
(a) Recycling or discarding outdated documents or paper waste.
Customer Responsibilities
1. Upon returning a signed service agreement or expressly accepting the terms of service in any format, customers will be legally bound by Ninecash's terms of service.
2. When users begin using the service after receiving sufficient notice from Ninecash about its service terms, they will also be considered to have accepted those terms. Agreement to the Terms of Ninecash.
3. In the event that a customer defaults on a loan or other financing product, they shall provide Ninecash or its authorized agents with comprehensive information on their spouse, relatives, and loan guarantors at no cost to them.
4. Clients may not file a lawsuit against Ninecash for any actions taken by the business to pursue repayment of the outstanding loan arrangement.
