Website and online services terms of use

These are the terms and conditions (the “terms and conditions”) regulating the access to and/or use of this website and any other portal, including the 9mobile website, self-service platform, extranet or mobile application linked to this website (hereinafter collectively referred to as the “Site”); and the use of any services provided by 9mobile on the Site (together, the “online services”) by you (the “user” or “you”).

By accessing this Site and/or using the online services, you agree that you have thoroughly reviewed these terms and conditions; that you fully understand the same; and that you agree and accept to abide by these legally binding terms and conditions. If you are a 9mobile subscriber or customer, please note that you are also bound by the terms and conditions of service applicable to 9mobile’s subscribers and customers.

Accessing the Site

The user is hereby permitted by 9mobile to access and use this Site and/or the online services, subject to these terms and conditions. 9mobile reserves the right to withdraw this permission and/or to amend these terms and conditions, without notice and without providing any reason. 9mobile reserves the right, at its discretion, to restrict or close access to any part or the whole of this Site or any online service at any time and for any period whatsoever.

The user hereby understands and agrees that access to this Site and the online services may be affected by events which may be outside or beyond the control of 9mobile.  9mobile shall not be liable to you or any other person for any inability to access this Site, the unavailability or limitation of availability on this Site or limitation in the use of any of the online services for any period of time.  Where 9mobile (or any agent or delegate of 9mobile) provides the user with any identification code, password or other information as part of 9mobile’s security procedures in connection with access to this Site or any online service, the user hereby agrees and undertakes to keep such information confidential and shall not disclose such information to any third party. The user is and shall remain responsible for any use of or access to this Site, or any online service, occurring through the use of the user’s password or any other identification code and absolves 9mobile from any liability in respect of such usage.

The user shall not use or permit or otherwise enable the use of this Site, or any online service for fraudulent purposes or for any other purpose not expressly authorized or permitted by 9mobile. The user is responsible for ensuring that any person who accesses the Site or any online service through the user’s facilities or internet connection is aware of these terms and conditions and complies with the same.

Alterations to the Site and online services

9mobile may periodically update and improve the Site. In this regard, changes to access, the content, presentation and nature of this Site and the online services may occur at any time, without any prior or subsequent notice to the user.  9mobile will use reasonable efforts to ensure that the contents of the Site and the online services are accurate at the time that they are uploaded on this Site. Please note, however, that such information may be out of date at any particular time of reference. the user acknowledges and agrees that the information contained on this Site, including information regarding the online services, may not be accurate and/or up to date and 9mobile shall not be liable for any liability incurred or loss suffered as a result of reliance on such out of date or inaccurate information.

Services, promotions and offers

All services, promotions, offers and other material information on this Site are subject to availability as may be determined by, and in the absolute discretion of 9mobile. The user agrees that all of the services, products, promotions and offers set out on this Site are subject to the provisions of these terms and conditions in addition to any specific terms and conditions or agreements relating specifically to such services, products, promotions or offers.  9mobile reserves the right, in its absolute discretion, to suspend the Site, and or any online service, promotion or other program available on this Site at any time.

Use of the Site

Where the user accesses or uses the Site (whether as an authorized user or not, whether as a subscriber to 9mobile’s services or not), the user agrees to be bound by the following additional terms and conditions:

1. 9mobile provides no warranty regarding, and takes no responsibility for, the accuracy or the quality of any information which the user receives or accesses from the Site;
2. 9mobile provides no warranty that the information requested by the user from the Site will be available at all times or that the service will be fault free;
3. the user is completely responsible for any reliance on and for the use of the information received through the Site;
4. the user is responsible for backing up and safeguarding his or her data and 9mobile shall be entitled to delete data or use data as may be required, in accordance with relevant laws and regulations;
5. although 9mobile shall endeavor to maintain the security of the information on the Site, 9mobile cannot guarantee that the information the user receives or supplies in its use of the Site will be secure at all times;
6. the user acknowledges and agrees that he or she is fully responsible for the protection of his/her password(s) and personal information while accessing this Site;
7. 9mobile may at any time modify, discontinue or suspend the user’s access to the Site without notice to the user;
8. 9mobile may also suspend the user’s access to the Site where the user breaches these terms and conditions; or if the user misuses the Site in the reasonable opinion of 9mobile;
9. the user hereby indemnifies and holds 9mobile, its officers, agents, other partners and employees, harmless from any claim or demand made by any third party due to or arising out of the user’s use of the Site; the user’s breach of these terms and conditions or the user’s violation of any right of another user of the Site.

Intellectual property rights

9mobile is the owner or licensee of, all its intellectual property rights (as defined below) in relation to any material displayed or published on this Site except where otherwise stated. All data, including logos, designs, marks, get-ups, products, product names, trade, service or other names (all, together with materials published or content on this Site, collectively referred to as “intellectual property”) are part of the proprietary information of 9mobile and or its licensor(s). The user shall not, and shall procure that any person who gains access through such user shall not use such intellectual property in any way or manner not specifically authorised by 9mobile. Such unauthorized use shall constitute a breach of the said intellectual property rights. The user shall not modify any copies of any intellectual property howsoever obtained from the Site. 9mobile or any other person who contributes any intellectual property to this Site must always be expressly acknowledged as the proprietor of such intellectual property by the user in a clear manner. The user is expressly prohibited from using any part of the intellectual property for any purpose whatsoever without first obtaining licence from 9mobile (or any other relevant licensor) prior to such use. Any action by the user in breach of the terms of these terms and conditions will result in the immediate termination/cessation of the user’s right to use this Site and the user shall immediately destroy or return any copies of the offending materials held by him or her. 9mobile reserves all rights applicable under relevant law to seek legal and/or equitable redress for such breach.

The user hereby grants 9mobile a perpetual, irrevocable and fully sub licensable, royalty free  right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any submission made by the user or content provided by the user on this Site (including submissions in relation to goods and services  purchased on or through this Site); and the right to use the name that the user submits, in connection with such submission, review, comment, or other content provided on this Site.  The User undertakes not to use a false e-mail address, or impersonate any other person (whether fictional or real) to make submissions on this Site.

The user shall ensure that submissions made by the user on this Site including but not limited to questions, reviews, comments, and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable.

Liability of 9mobile

The user’s access to and use of this Site and all other related online services for any purpose and the use of any data or information obtained by the user from this Site is at the sole risk of the user. The information and other materials contained on this Site, and online services are provided without any guarantees or warranties as to their accuracy, completeness or suitability for the user’s purposes. No warranties, representations or conditions of any kind, whether express or implied, shall apply against 9mobile in respect of the use of this Site and/or the online services by you to the maximum extent permissible by law.

9mobile does not warrant or guarantee continuous access to this Site or any online service provided through the Site nor does it warrant nor guarantee that such services will be available at all times.  9mobile shall not be liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the online services or inability to access this Site. The confidentiality of any communication or information submitted on or through this Site is not guaranteed, as due to reasons beyond 9mobile’s control, such communications or information may be unlawfully intercepted or accessed by persons other than the intended recipient. 9mobile shall not be liable for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.

With respect to content displayed on this Site (“content”), 9mobile does not, make any warranty as to the accuracy and completeness of the content. to the extent permitted by law, 9mobile and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content whether or not this is caused by a negligent act or omission of 9mobile. 9mobile shall not accept responsibility or any liability in respect of access to other content through the use of this Site.

9mobile (and any affiliate, employee or contractor or any third party connected to 9mobile) hereby expressly excludes itself from any liability for any direct or indirect or consequential damage or loss (including, but not in any way limited to, loss of profits, income, revenue, savings and anticipated savings, data, goodwill, time and other resources) incurred or claimed by any user in connection with the use of (or inability to use) this Site or any information or data derived therefrom, whether in tort (including to the extent possible, negligence), breach of contract or otherwise, either as a consumer, customer, business or private user.

Information gathered from user

The user hereby acknowledges that 9mobile may access, gather or process information about or belonging to the user, and the user’s use of this Site or online services in accordance with 9mobile’s privacy policies from time to time in force. By using this Site, service and/or any other online service provided on or through this Site, the user consents to such gathering, processing and use of such information.

Interaction on or with our Site

This Site may contain links to other Sites and resources provided by third parties and persons other than 9mobile. The aforementioned links are provided for your information only and the inclusion of such links does not constitute or imply an endorsement by 9mobile of such sites or links or of the information or materials contained therein. 9mobile does not have control over the contents of those sites or resources, and accepts no responsibility or liability for them or for any loss or damage that may arise from the use of same by the user.

The user shall not misuse this Site or any other online services in any manner whatsoever, whether willfully or negligently. In particular, without limiting the generality of the foregoing, the user shall not, whether by omission or commission, introduce any malware or other material which is harmful, malicious or capable of harvesting information from this Site or harvesting information from other users or doing anything which may reasonably be considered by 9mobile as unacceptable. the user shall not procure or attempt to procure any person to attempt, or facilitate any attempt to gain unauthorized access to this Site, the service or any other online service (or any computer or server on which this Site or online service can be accessed) or any information contained herein or hosted hereon. The user shall not carry out any action or attempt to carry out any action which might affect the performance or availability of this Site or any other online service (including any attempts to compromise or otherwise interfere with this Site or any other online service).  9mobile shall not be liable for any malware or other harmful material that may affect the computer, phone or other device (or programs, data, database or any server) of the user by virtue of the use of or access to this Site or by the downloading of any material hosted on this Site or linked to the same.

You undertake that you will not: commit or encourage a criminal offence; transmit or distribute any malware or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

You also agree that we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.

9mobile makes no representations, warranties of any kind, express, or implied as to the operation of the services on this Site or the information, content, materials, products made available on this Site. To the full extent permissible by Law, 9mobile disclaims all warranties, express, implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the purchase of products or services on this Site. To the full extent permitted by law, 9mobile shall not be liable for any damage of any kind arising from the use of any service on this Site or from any information, content, materials, products (including Software) or other services included on or made available to you through this Site including but not limited to direct, indirect, incidental, punitive and consequential damages unless otherwise specified in writing.

Terms of Sale

You confirm that by placing an order for a product or service on this Site, the terms and conditions set out below shall also apply to your purchase.

1. All orders are subject to availability and confirmation of the order price. We retain the right to refuse any request made by you.
2. You confirm that you are at least 18 years of age or are accessing this Site under the supervision of a parent or legal guardian.
3. You acknowledge that the services and related features available on this Site may require registration or subscription and you agree to provide accurate and current information that may be required by us for this purpose. You undertake that you shall promptly update such information if there are any changes. You also consent to receiving promotional emails and messages from us.
4. You accept that the information contained on this Site is for information purposes only and that it is subject to change without notice. You also acknowledge that the product representations expressed on this Site are those of the vendor and are not always made by us.
5. We shall attempt to be as accurate as possible with respect to product descriptions and other content on the Site. We, however, do not warrant that such information is accurate, complete, reliable, current or error-free.
6. Where a purchase is made from a third party, you acknowledge that we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which the third party provides you.
7. When placing an order on this Site you undertake that all details you provide to us are true and accurate; that you are an authorised user of the credit or debit card used to place your order; and that there are sufficient funds to cover the cost of the goods.
8. We shall not be responsible for the security or protection of any bank card details provided to third parties when purchasing their goods and services, and shall not be liable to you for any loss or damage suffered due to the unauthorised use of such bank card details or for any invalidated bank transaction relating to the card.
9. Risks of loss and title in the products shall be deemed to pass to you upon delivery of the product to the applicable courier service.
10. All prices advertised are subject to such changes as may be determined by us or the third party vendors.

Regulatory

9mobile may vary or revise these terms and conditions if new legislation, statutory instruments or other governmental regulations or licenses make it necessary or, otherwise as 9mobile deems appropriate from time to time. It is the responsibility of the user to review these terms and conditions from time to time and 9mobile shall not be obligated to notify the user of any changes to these terms and conditions, and the user shall be and remain bound by these terms and conditions, notwithstanding any such variation.

The invalidity, unenforceability or illegality of any part of these terms and conditions shall not affect the validity or continuation in force of the remainder of these terms and conditions.

No failure to exercise, nor any delay in exercising any right or remedy under these terms and conditions, on the part of 9mobile, shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law or otherwise.

If, at any time, any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

9mobile shall not be liable in respect of any breach of these terms and conditions due to any cause beyond its reasonable anticipation including but not limited to an act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom 9mobile is not responsible.

Governing law and dispute resolution

These terms and conditions shall be governed, construed and shall take effect in accordance with the laws of Nigeria.

We/you shall use all reasonable endeavors to settle any dispute or difference of opinion between us, arising from or in connection with these terms and conditions amicably through mutual discussion.

Where we are unable to amicably settle disputes in accordance with these terms and conditions, either of us may, where the claim does not exceed N1,000,000.00 and does not involve complicated issues of law and does not involve the likely examination of witnesses, submit the matter for resolution in accordance with the Nigerian Communications Commission Dispute Resolution Guidelines (available at http://ncc.gov.ng). If the dispute involves a claim exceeding N1,000,000.00 or involves complicated issues of law or involves the likely examination of witnesses, either of us may submit the dispute to the courts in Nigeria for resolution.

Privacy policy

We recognize the importance of protecting the privacy of all information provided by users of our services and shall endeavor to keep your information private and confidential.

You acknowledge that by using the services, some of your personal or personally identifiable information will be collected by us and may be passed on to third parties. This information may include: your name, address, job title, telephone number, email address and financial information necessary to conclude contracts and enable administration and management of services or products to which you intend to or have subscribed. The type of information collected will depend on the nature of the product or service demanded. We shall only collect information that is necessary for the provision of the services or products that you have subscribed to or to comply with statutory or regulatory or administrative obligations. You hereby consent to and authorize us to keep and compile records of the aforementioned information and to release same as may be necessary for the efficient provision of the services or products as well as to relevant regulatory, governmental and security agencies as may be required under applicable laws.

Where applicable to you, you hereby grant to us the right to make enquires of any credit record with any relevant financial institution and/or credit reference agency and/or any other party to confirm your creditworthiness.

You grant to us the right to share information relating to you and your use of the services (including your subscriber registration information) with our service providers and any lawful authority.