Please read the following terms of service carefully. By using 9Pay, you are agreeing to these terms of service.

You are required to read and understand the Terms and Conditions therein as they are a binding agreement between you and Novacrest Solutions Limited, who provide the service called 9Pay. Customers who are under 18 years of age should review these terms and conditions with a parent or guardian, otherwise we presume that the User shall be at least 18 years of age or over to register and avail the Services of the Website.

By registering for an 9Pay wallet, you agree to the Terms and Conditions stated in this document. You are also deemed to accept these terms and conditions upon first use of a registered phone number, or any information related to an 9Pay wallet, in connection with the use of 9Pay.

 

  1. Website Use

User conveys acceptance to the Terms every time the User uses the Website. User has discretion not to use the Website, so in terms User’s use of the Web site despite the right and power not to use, it is construed that the User has accepted the conditions of the Terms. User is hereby allowed to use the Web site subject to acceptance of the terms and conditions of the Terms. 9Pay retains the right to change the Terms from time to time, without assigning any reason or giving a notice. Any new terms and conditions, which will be applicable to the Website, shall be incorporated as part of the Terms. The User shall keep updated about the changes, and use of Website after such change shall construe the User’s acceptance. The User shall re-visit the ‘Terms of Use’ link from time to time to stay abreast of any changes that the Website may introduce.

9Pay reserves the right to store, evaluate, analyze, verify, and authenticate the Personal information and data provided by the User. The User acknowledges here by that 9Pay continues to maintain right to close the User wallet without any notice for any reasons whatsoever it may be. In case of non-compliance with the Terms on the Website, 9Pay reserves the right to immediately terminate the Services provided to the User.

The User shall be at least 18 years of age or over to register and avail the Services of the Website. Registration to the Website is void where prohibited. User represents and warrants that he/she has the right authority and capacity to enter into the Terms and to abide by all of the terms and conditions of the Terms. The User shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. The Website may terminate the registration of the User and/or prohibit the User from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason including the reasons stated above, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age.

 

  1. Definitions

The following definitions relate to these Terms and Conditions:

  • "Content" means all information whether textual, visual, audio or otherwise, appearing on or available through the services.
  • Credit" means the movement of funds into an account.
  • "Debit" means the movement of funds out of an account.
  • "9Pay" refers to the financial services product offered by Novacrest Solutions Limited, with a central feature being the collection and disbursement of change between customers and merchants at points of sale where cash is the means of settlement.
  • "Merchant" means a seller of goods and or services who will accept 9Pay as means to disburse change, and as a payment platform for said goods and or services.
  • "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 9Pay.
  • "Mobile phone" means a GSM or CDMA device, which can make and receive telephone calls and send and receive SMS, among other communication options.
  • "Novacrest " refers to Novacrest Solutions Limited, a financial technology innovations and value added services company providing registered under the laws of the Federal Republic of Nigeria.
  • "PIN" means personal identification number being the secret code you choose for secure use of (and access to) your 9Pay wallet.
  • "Products" refer to 9Pay products, including peer-to-peer money transfer, bill payments, airtime top-up and 9Pay retail payments services.
  • "Registered phone number" refers to any phone number that has been registered on 9Pay.
  • "Services" any products and services provided to the customer as part of 9Pay.
  • "SMS" or "Short Message Service" is a standard communication service on GSM phones, which is used to exchange short text messages between mobile devices.
  • "USSD" or "Unstructured Supplementary Service Data" is a real time messaging channel accessed from a mobile phone and allows user to interact with 9Pay.
  • "Wallet" is an electronic stored value wallet on the 9Pay platform created for use by the Customer or Merchant. Credits, debits and charges are applied to this wallet. The wallet is primarily accessed through your mobile phone and the 9Pay online channels.

 

  1. The 9Pay Solution
  • 9Pay is a service offered by 9Pay and designed to allow you to:
    • Sign up as a customer
  • Receiving access to our broad range of products and features within the 9Pay platform.
  • Credit an 9Pay wallet by performing:
    • Transferring funds into 9Pay from a linked bank account
    • Transferring funds into 9Pay from a credit or debit card
    • Receiving money into 9Pay from another customer.
    • Depositing money at any of our collections banks.
  • 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.
  • No interest will be paid on the balance in your 9Pay wallet.
  • Amounts loaded into an 9Pay wallet will be available for transactions immediately after it clears.
  • These terms and conditions apply to all channels through which transactions may be carried out on 9Pay, including SMS; Online/ Internet; Online/Mobile phone application; USSD; and 9Pay merchant network.

 

  1. Opening an 9Pay Wallet
  • We strongly recommend that minors obtain consent from their parents or guardians before joining 9Pay or providing information to any third party or before sending any information about themselves to anyone over any channel.
  • In order to sign up to join 9Pay, an active GSM or CDMA mobile phone subscription on any supported mobile network, this website, or download the 9Pay mobile application is required.
  • Customers are limited to one (1) 9Pay wallet per phone number.
  • To setup your wallet, 9Pay 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 9Pay pending registration.
  • In the process of verifying your identity, 9Pay has the sole discretion to refuse any wallet opening application for any number of reasons.

 

  1. Transacting
  • You may access the available funds in your wallet 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.
  • All payments will be processed in Nigerian local currency i.e. Naira.
  • 9Pay will send you a message to confirm all credit transactions effected to your 9Pay wallet; this message may be sent via SMS, email, or another available channel.
  • You must authorize your transactions with your secret PIN, which you create when you register, or by such other method as we may prescribe from time to time.
  • To manage your money safely there are daily limits on your wallet. Novacrest reserves the right and use its discretion to set the daily limits and review same to protect the wallets of the customers from fraud.
  • Your wallet will be credited with any deposits made into it, and the credit will be available for transactions immediately after they are cleared.
  • We will verify and confirm any record of a deposit into your wallet. Our records will be taken as correct unless the contrary is proved.

 

  1. Fees, Charges and Payment Terms
  • While many transactions on 9Pay are free to the customer, some transactions do carry a fee. Our 9Pay fee schedules are available at all our agent locations, field offices, 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.
  • When you initiate and confirm a transaction on 9Pay, 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.
  • 9Pay 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:
  • The collection and storing of source information along with other related transaction information.
  • The crediting and debiting of your chosen source when you perform transactions on 9Pay.
  • 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.
  • To prevent financial loss or possible violations of the law, 9Pay 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.

 

  1. 9Pay Online Services
  • 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.

 

  1. Security and Unauthorized Use
  • When signing up for a 9Pay wallet, you will be prompted to create a unique Personal Identity Number (PIN), You are responsible for the safekeeping and proper use of this security data.
  • You are responsible for all transactions that take place on your wallet with your PIN and you indemnify us against any claims made in respect of such transactions.
  • If at any time you believe or discover that your PIN has been stolen or compromised, you should contact our Customer Services immediately. We will place your wallet 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 wallet is put on hold.
  • We use PIN and a selection of questions to confirm your identity when you call Customer Services. This method gives us your authorisation to service your wallet and execute your instructions.

 

  1. Statements and Transaction Records
  • You may request a record of transactions on your wallet at any time either via your mobile phone, online, or to a registered email. Unless otherwise noted at time of request, all records of transactions will be provided free of charge, subject to SMS or network charges.
  • You must inform us within 30 days of the date of any transaction if you think such a record of transactions is inaccurate. Should you fail to do this within this timeframe, it will be interpreted as you waiving the right to dispute any transactions reflected on the statement or to recover any losses from unauthorised transactions reflected in the statement.

 

  1. Suspension and Closure of Wallets
  • We may suspend, restrict, or terminate the provision of our services (in whole or in part) and or close your wallet without any liability whatsoever under the following circumstances:
    • upon receiving a request from you at any time, we will close your wallet.
    • if you notify us that your phone has been lost or stolen or your PIN has been compromised, we will suspend or close your wallet.
    • if in any way we know or suspect your wallet is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law, we may close your wallet, restrict activity on your wallet or suspend access to your wallet.
    • 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 wallet.
    • should you enter the incorrect PIN on three (3) consecutive occasions, we will lock your access to 9Pay for (24 hours).
    • If your 9Pay wallet remains unused and has a zero balance for a period of 6 months, Novacrest may close the wallet after giving 30 days' notice via SMS or email.
  • 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 wallet in accordance with this Clause 9.
  • In any case where your 9Pay wallet 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 to an wallet of your choosing], barring any legal or regulatory provisions against such.

 

  1. General
  • We try to keep 9Pay available at all times, bug-free, and safe, but you use it at your own risk. We are providing 9Pay "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 9Pay will be safe or secure. 9Pay 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.
  • We may at any time amend these terms and conditions by notice published on the 9Pay website, in at least one national newspaper. Any amendment will not constitute a negation of these Terms and Conditions.
  • You are responsible for your connection to the mobile phone networks, the Internet and all costs associated with these same connections.
  • 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.
  • We may allocate any money received from you or held on your behalf to settle any outstanding balance on your wallet.
  • 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 Novacrest or its licensors. You agree that you acquire no rights thereto.
  • 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.
  • 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 amicably 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.

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