These Terms  and Conditions of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, transactions conducted on including any third-party service(s) provided in connection with 9Pay, or use of any services made available by 9Pay including any subdomain thereof or our mobile applications (collectively, the “Services”).

9Pay (“we”, “us” or “our”) is a mobile payment solution that allows you pay for an exciting array of online services including recharge, utility bills, lottery, apps and digital services on Google Play Store. You can also use 9Pay to collect change digitally and pay for web services. By accessing, browsing and/or using any of the 9Pay Services, you acknowledge that you have read, understood, and agreed to be bound by the Terms as may be reviewed from time to time and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and us.

The following words used in this Statement of Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements shall have the following meaning: "User”, “Client", "You" and "Your" refers to you, the person using 9Pay and accepting the Terms. “9Pay”,"Ourselves", “Our”, "We" or "Us", refers to Novacrest Business Solutions Limited and its Partners. "Party", "Parties" refers to both the Client and ourselves, or either the Client or ourselves.

By becoming a User of 9Pay, you agree to be contacted us via communication modes including but not limited to email, SMS, MMS, and telephone calls.

Please carefully review these Terms before using the Services or accessing any data here. Any use of the Services creates a binding agreement to comply with these Terms. If you do not agree to these terms without limitation or exclusions, you must exit this interface immediately.

  1. Eligibility

The 9Pay Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in Nigeria); (b) have not previously been suspended or removed from using our Services; (c) are sufficiently literate or have had this document interpreted to you in the language you understand and use the Services with the guidance of a literate person; and (d) have full power and authority to agree to these Terms.

 

 

  1. 9Pay Account

In order to use any Services, you must create and maintain an account through the Services (“9Pay Account”). To create or maintain your 9Pay Account, or enable functions on your 9Pay Account, you will be required to provide 9Pay with certain information. You agree to (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your 9Pay Account by protecting your password from unauthorized access or use; (e) promptly notify 9Pay if you discover or suspect any unauthorized access or use of your 9Pay Account or any security breaches related to your 9Pay Account; and (f) be responsible for all activities that occur under your 9Pay Account, and accept all risks of any authorized or unauthorized access to your 9Pay Account.

 

 

  1. Enhanced Security

9Pay may offer optional enhanced security features for your 9Pay Account (including, for example, two-factor authentication). 9Pay encourages, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.

 

 

  1. Responsibility for Account Activities

You will be bound by, and hereby authorize 9Pay to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your 9Pay Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, 9Pay will take reasonable steps to protect your account, including, for example, to cease to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password.

You also warrant that you own the card used for any transaction on 9Pay or have the authority to perform a debit transaction using the card. You agree to fully indemnify 9Pay for any claims or liabilities for use of the card on 9Pay.

 

 

  1. Purchases and Transactions

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability for the products or services that are paid for with our service. We do not guarantee any Seller will complete a transaction.

When you make a purchase using 9Pay, you understand and agree that you are making payment on a designated third-party electronic payment platform using your credit/debit cards or any other valid funding instrument or source. Generally, we accept Visa and Master Credit Card and Debit Cards as mode of payments which are processed through our electronic payment partner(s). By using this payment method, you consent to the following terms:

  1. You confirm that you are permitted to use the Credit/Debit Card or funding instrument.
  2. You are responsible for any charges, fees or any other consequence that may arise out of your use of the payment method and Payment Processor.
  3. You are bound not only by these Terms, but also by the terms and conditions of the Payment Processor.
  4. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction.
  5. If you have questions about any charges, debits, fees or reversal of payments, you shall contact the Payment Processor and the Bank or Issuer of your debit/credit card.
  6. We may delay or limit the availability of your purchase, for either safety or regulatory reasons, or to make sure we possess all relevant information necessary to process the payment and deliver to you what you have paid for.
  7. No information pertaining to payment is shared with us as you supply all the payment-related information to the designated Payment Processor. 9Pay may only exchange information about your purchase with the Payment Processor in order to facilitate completion or reversal of payments, resolution of disputes and provision of customer support.

When you have successfully completed your funding transaction, we will then transfer that value to the appropriate Vendor offering the recharge of the selected mobile operator or the provider of the utility service you paid for. The total price may include taxes all of which you are responsible for funding. We collaborate with a third-party enabler for the recharge and utility billing. As such, you admit that 9Pay is not responsible for any delay, pricing or cancellation of recharge from mobile operators end. However, we use our best endeavour to keep the service above acceptance levels.

User is solely responsible for the selection of the service or the mobile operator and the recharge amount or bills amount. 9Pay is not responsible for the value giving to you in any billing transaction. The amount, quantity or value ascribed to the payment made is purely and entirely within the control of the service provider or operator. You are advised to review the pricing and/or billing methodology of your preferred service provider, vendor or operator before making any purchase.

 

 

  1. Exclusions and Limitations

The information on this app and any affiliated website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

 

  1. Excludes all representations and warranties relating to the use of the services of the Payment Processor or any Retailer or which is or may be provided by any affiliates or any other third party,
  2. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and
  3. Excludes all liability for damages arising out of or in connection with your use of this app or website as well as the use of the services or products of the Payment Processor, Recharge Vendor or Mobile Operators. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

 

  1. Transaction Reversal and Complaints
  1. You agree to immediately notify us if you perceive that an unauthorized or illegal transaction has occurred. You will also cooperate with all necessary activities and processes to enable us take action to help prevent or abate financial loss. This includes providing your transaction ID and/or transaction details to enable us resolve your complaints.
  2. All claims against us related to payments should be made within 7 (Seven) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.
  3. 9Pay accepts no liability for goods and services purchases in any transaction with a third party. We may intervene in disputes between users and merchants concerning payments but have no obligation to do so.

 

 

  1. Limitation of Liability
  1. IN NO EVENT WILL ANY OF THE  9PAY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION. 9PAY SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF REVENUES, PROFIT, GOODWILL, USE, ECONOMIC PROSPECT, BUSINESS INTERRUPTION, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH 9PAY’S WEBSITE OR SERVICES WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
  2. All transactions on 9Pay, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of 9Pay or its representatives, in which event the User agrees that the User shall only be entitled to a refund of the amount actually received by 9Pay with respect to the transaction done by the User.
  3. At all times, 9Pay shall use its best endeavour to ensure the security of its services. You acknowledge that 9Pay shall not be liable for any form of fraud or financial loss occasioned by a breach of security, loss of data arising from your negligence, omission or other conducts.

 

 

  1. No Broker or Fiduciary Relationship

You acknowledge that 9Pay is not your professional advisor and has no fiduciary relationship or obligation to you in connection with any transactions or other decisions or activities effected by you using the Services. No communication, feature or information provided to you by 9Pay is intended as, or shall be considered or construed as, advice.  

 

 

  1. Indemnity

You agree to defend, indemnify, and hold 9Pay, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.

 

 

  1. Modification of Terms

9Pay reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes.

If you do not agree to any modification to these Terms, you must stop using the Services. 9Pay encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability. If you have any question regarding the use of the Site or Services, please contact our Support Team.

 

  1. Feedback

9Pay will own any feedback, suggestions, ideas, or other information or materials regarding 9Pay or the Services that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to 9Pay all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

 

  1. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political or religious insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

  1. Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

 

  1. Headings

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

 

  1. Entire Agreement; Order of Precedence

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with 9Pay, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

  1. Governing Law

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. You agree that the Company may initiate a proceeding related to the enforcement or validity of the Company’s intellectual property rights in any court having jurisdiction.

 

  1. Dispute Resolution and Jurisdiction

With the exception only of disputes related to the enforcement or validity of 9Pay’s intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW.

 

  1. In this Arbitration Section, “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between us and you (including claims arising prior to or after the date of the Agreement, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration Section.
  2. Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the Lagos Multidoor Courthouse in accordance to the Arbitration and Conciliation Act, Laws of the Federation of Nigeria 2004. Any arbitration under this Agreement will take place on an individual basis.
  3. Claims will be arbitrated by a Sole Arbitrator mutually appointed by parties. If parties are unable to agree within 10 (ten) business days, either party may apply to the Lagos Multidoor Courthouse who shall appoint the Sole Arbitrator. Arbitration will be held in English Language and the seat of arbitration shall be Lagos, Lagos State, Nigeria.

You agree that any dispute arising out of or related to these Terms or the Services is personal to you and 9Pay and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

 

 

  1. Contacting Us

To find more information about our service and its features or if you need assistance with your account, please visit the 9Pay Help Centre on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

 

  1. 9pay Premium Account

Welcoming the 9pay Credit Plus offering which allows only 9pay registered ‘premium’ customer’s access credit facility for individuals and organisations. However as a User to qualify & be eligible for this credit facility you must have met the following conditions to qualify as a premium customer.

Conditions:

  1. You must have transacted on the 9pay platform for at least a month
  2. User must have transacted a minimum of N20,000 life time value
  3. You must provide the additional KYC details below
  4. You BVN will be validated, this validation will cost N20