1. General Terms and Conditions
1.1 By registering on the MyRecharge Platform, you warrant that you are at least 18 years old or a duly registered corporate entity and are legally capable of entering into binding contracts.
1.2 You agree to provide true, accurate, current and complete information about yourself or your organization (as applicable) as requested in the registration form and else where on the MyRecharge Platform and agree to update such information where it changes.
1.3 You agree not to: use the MyRecharge Platform in any way that is, or may be, damaging to the MyRecharge Platform; use the MyRecharge Platform in any way that impacts user access to the MyRecharge Platform; use the MyRecharge Platform contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the MyRecharge Platform, or to any person or business entity; engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the MyRecharge Platform, or while using the MyRecharge Platform; or use this MyRecharge Platform to engage in any advertising or marketing.
1.4 These Terms may be amended at any time by MyRecharge. It is your responsibility to regularly read through them. We reserve the right to modify or withdraw the MyRecharge Platform at any time without recourse or liability to you.
1.5 The information or personal details that you provide us with shall be processed pursuant to our Privacy Policy. By using or registering on the MyRecharge Platform you are consenting to the processing of such information and details. We shall not be responsible for any loss which you may suffer as a result of any false information or details which you have provided to us.
2. Merchant Services
2.1 You agree and understand that MyRecharge appoints you on a non-exclusive basis and you hereby accept the appointment on the terms set out in these Terms to market, sell and distribute the MyRecharge Products to clients and potential clients.
2.2 You agree that in performing your duties under these Terms, you shall comply with all MyRecharge’s policies and manuals which may be provided to you by MyRecharge from time to time as well as all laws, regulations, orders or policies as may beprescribed by any federal or state laws or any regulatory agencies, to which you are subject to.
2.3 You shall faithfully, competently and diligently perform your duties and exercise the powers which Myrecharge may from time to time properly assign to you.
2.4 You shall have no authority to make any representation or offer any guarantees on behalf of MyRecharge or in in respect of MyRecharge’s services other than those expressly authorized by MyRecharge.
2.5 In the course of performing your duties under these Terms, you may come in contact with equipment or other property belonging to MyRecharge. You shall be responsible for any loss or damage to any equipment or other property of MyRecharge in your possession and you shall be liable to replace or repair any such lost ordamaged property to its full value.
3. Indemnity
3.1 You shall be liable for all your acts and omissions which results in any loss, damage or liability to any third party. You shall indemnify, defend and hold harmless, MyRecharge and its directors, officers, agents and employees (the Indemnitees) from and against any and all fines, loss, damage, injury or liability, including reasonable attorney’s fees and cost relating to the foregoing suffered by the Indemnitees, resulting or arising directly or indirectly from your acts, omissions or breach of these Terms.
3.2 In no event shall MyRecharge nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the MyRecharge Platform or under these Terms, whether such liability is under contract, tort or otherwise unless the loss or damage suffered by you is caused as a result of the willful misconduct or gross negligence of MyRecharge. MyRecharge including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the MyRecharge Platform or under these Terms.
4. Disclaimer MyRecharge does
not warrant or guarantee that your use of the MyRecharge platform shall be without fault or error. MyRecharge hereby disclaims all warranties, whether express or implied or otherwise without limitation that the MyRecharge platform is free from defect or use for a particular purpose, You bear the risk as to using the MyRecharge platform for any purpose and quality. MyRecharge is not and will not be liable for any risk suffered by your hardware or software, be it that they become deleted or corrupted or that someone unauthorized gained access to your information. MyRecharge does not guarantee or warrant that the MyRecharge platform shall be free from viruses, attacks, corruption, hacking and intrusion from third parties. MyRecharge shall not be liable for any data charges incurred by you during the use of this service.
5. Viruses, Hackering and other Cybercrimes
5.1 You may not misuse the MyRecharge Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to the MyRecharge Platform, to the server which hosts the MyRecharge Platform or to any other server, computer or data base related to our website.
5.2 You undertake not to attack the MyRecharge Platform via a denial of service attack or a distributed denial of service attack. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use the MyRecharge Platform will cease immediately.
5.3 We will use reasonable care and skill to ensure that the MyRecharge Platform is safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of the MyRecharge Platform or from the downloading of the contents thereof or of such contents to which the MyRecharge Platform redirects.
6. Links from the MyRecharge Platform
We may have links from the MyRecharge Platform to other third-party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
7. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations these Terms that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.The acts, decrees, legislation, regulations or restrictions of any government. 8. Written Communications
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
9. Notices
All notices given by you to us should be given to us via email. We may give notice to you at either the e-mail or postal address you provide to us when registering on the MyRecharge Platform. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
10. Waivers
If we fail, at any time during the term of these Terms, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance of such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from these Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
11. Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Law and Jurisdiction
These Terms shall be governed by Nigerian Law. Any dispute arising from or related to the use of the MyRecharge Platform or under these Terms shall be subject to the exclusive jurisdiction of the Nigerian courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyRecharge Platform or from these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13.Termination
These Terms shall continue to apply until terminated by you upon giving notice to MyRecharge in writing or at any time by MyRecharge. We may also decide to suspend or terminate your access to the MyRecharge Platform where you have breached any provisions of these Terms. Any termination of this Agreement (however occasioned) shall not affect any accrued rights or liabilities nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.