Terms
& Conditions
This
document is an electronic record in terms of National Information Technology
Development Agency Act, 2007 and rules there under as applicable and the
amended provisions pertaining to electronic records in various statutes as
amended by the National Information Technology Development Agency Act, 2007.
This electronic record is generated by a computer system and does not require
any physical or digital signatures.
Your
use of the valueswitch.com.ng website
(hereinafter referred to as "valueswitch.com.ng.") and services and
tools are governed by the following terms and conditions as applicable to valueswitch.com.ng. If
you transact on valueswitch.com.ng, you shall be subject to the policies that
are applicable to the website for such transaction. By mere use of the website
you shall be contracting with valueswitch.com.ng, a company incorporated under
Companies and Allied Matters Act, 1990 with registered office at #Plot LL42B Assop Falls SunnyVale
Homes Estate, Abuja, Nigeria and these terms and conditions constitute your
binding obligations.
For the
purpose of these terms of use, wherever the context so require 'You' shall mean
any natural or legal person who has agreed to become a member or user of the
Website.
When
you use any of the services provided by valueswitch.com.ng, including but not
limited to, (e.g.Airtime purchase, voucher Generation
and transfers ), you will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. valueswitch.com.ng
reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms of Use, at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, valueswitch.com.ng
grants you a personal, non-exclusive, non-transferable, limited privilege to
enter and use the Site.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE PROCEEDING
Membership
Eligibility
Use of
the valueswitch.com.ng Website
is available only to persons who can form legally binding contracts under
Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you
shall not transact or use valueswitch.com.ng website.
As a minor if you wish to use or transact on valueswitch.com.ng, such
use or transaction may be made by your legal guardian or parents. valueswitch.com.ng reserves
the right to refuse to provide you with access to valueswitch.com.ng if
it is brought to valueswitch.com.ng's notice or if it
is discovered that you are under the age of 18 years.
Your Obligations
If you
use valueswitch.com.ng, you shall be responsible for maintaining the
confidentiality of your User ID and Password and you shall be responsible for
all your actions. You agree that if you provide any information that is untrue,
inaccurate, not current or incomplete that valueswitch.com.ng has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, valueswitch.com.ng
has the right to indefinitely suspend or terminate or block your access to valueswitch.com.ng
and refuse to provide you with access to the Website.
Communications
When
You use the Website or send emails or other data, information or communication
to valueswitch.com.ng, You
agree and understand that you are communicating with valueswitch.com.ng through
electronic records and You consent to receive communications via electronic
records from valueswitch.com.ng periodically
and as and when required. valueswitch.com.ng may communicate
with you by email or by such other mode of communication, electronic or
otherwise.
Charges
Membership
and/or usage of valueswitch.com.ng is
free. valueswitch.com.ng does
not charge any fee for browsing through valueswitch.com.ng.
However valueswitch.com.ng reserves
the right to charge fee and change its policies from time to time. In
particular, valueswitch.com.ng may
at its sole discretion introduce new services and modify some or all of the
existing services offered on valueswitch.com.ng. In
such an event valueswitch.com.ng reserves,
without notice to You, the right to introduce fees for
the new services offered or amend/introduce fees for existing services, as the
case may be. Changes to the fee and related policies shall automatically become
effective immediately once implemented on valueswitch.com.ng.
Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall
be solely responsible for compliance of all applicable laws including those in
Nigeria for making payments to valueswitch.com.ng.
Use
of valueswitch.com.ng. Website
You
agree, undertake and confirm that your use of valueswitch.com.ng shall
be strictly governed by the following binding principles:
You
shall not host, display, upload, modify, publish, transmit, update or share any
information that:
1.
shall not create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other partners;
2.
You shall not use any "deep-link",
"page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Website or any Content, to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Website. valueswitch.com.ng
reserves the right to bar any such activity.
3.
You shall not attempt to gain unauthorized access to any portion
or feature of valueswitch.com.ng website,
or any other systems or networks connected to valueswitch.com.ng Website
or to any valueswitch.com.ng's server, computer,
network, or to any of the services offered on or through valueswitch.com.ng Website,
by hacking, password "mining" or any other illegitimate means.
4.
You shall not probe, scan or test the vulnerability of valueswitch.com.ng website
or any network connected to valueswitch.com.ng website
nor breach the security or authentication measures on valueswitch.com.ng
website or any network connected to valueswitch.com.ng Website. You may not
reverse look-up, trace or seek to trace any information on any other user of or
visitor to valueswitch.com.ng Website,
or any other customer of valueswitch.com.ng,
including any valueswitch.com.ng account
not owned by you, to its source, or exploitvalueswitch.com.ng Website
or any service or information made available or offered by or through the valueswitch.com.ng Website,
in any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own
information, as provided for by valueswitch.com.ng Website.
5.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of valueswitch.com.ng Website
or valueswitch.com.ng's systems or
networks, or any systems or networks connected to valueswitch.com.ng.
6.
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's use of
the Website.
7.
You may not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal you send to valueswitch.com.ng on
or through the Website or any service offered on or through the Website. You
may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
8.
You may not use the Website or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit the performance
of any illegal activity or other activity which infringes the rights of valueswitch.com.ng or
others.
9.
Solely to enable valueswitch.com.ng to
use the information you supply us with, so that we are not violating any rights
you might have in Your Information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database rights or
any other rights you have in Your Information, in any media now known or not
currently known, with respect to Your Information. valueswitch.com.ng
will only use Your Information in accordance with the terms of use and valueswitch.com.ng's Privacy Policy.
10.
From time to time, you shall be responsible for providing
information relating to the items or services proposed to be sold by you. In
this connection, you undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of such
items or services so as to mislead other Users in any manner.
11.
You shall not engage in advertising to, or solicitation of,
other users of valueswitch.com.ng to
buy or sell any products or services, including, but not limited to, products
or services related to valueswitch.com.ng. You
may not transmit any chain letters or unsolicited commercial or junk email to
other users via valueswitch.com.ng. It
shall be a violation of these Terms of Use to use any information obtained
from valueswitch.com.ng in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to another person outside of valueswitch.com.ng without valueswitch.com.ng's
prior explicit consent. In order to protect our users from such advertising or
solicitation, valueswitch.com.ng reserves
the right to restrict the number of messages or emails which a user may send
within a given period which valueswitch.com.ng deems
appropriate in its sole discretion. You understand that valueswitch.com.ng has
the right at all times to disclose any information (including the identity of
the persons providing information or materials on the valueswitch.com.ng Website)
as necessary to satisfy any law, regulation or valid governmental request. This
may include, without limitation, disclosure of the information in connection
with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena. In addition, we
can (and you hereby expressly authorize us to) disclose any information about
you to law enforcement or other government officials, as we, in our sole
discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
12.
valueswitch.com.ng reserves the right,
but has no obligation, to monitor the materials posted on valueswitch.com.ng website. valueswitch.com.ng shall
have the right to remove or edit any Content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or
letter of these Terms of Use. Notwithstanding this right ofvalueswitch.com.ng, YOU
REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON
THE valueswitch.com.ng WEBSITE
AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does
not necessarily reflect the views of valueswitch.com.ng. In no
event shall valueswitch.com.ng assume
or have any responsibility or liability for any Content posted or for any
claims, damages or losses resulting from use of Content and/or appearance of
Content on valueswitch.com.ng. You
hereby represent and warrant that you have all necessary rights in and to all
Content you provide and all information it contains and that such Content shall
not infringe any proprietary or other rights of third parties or contain any
libelous, tortious, or otherwise unlawful information
13.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through valueswitch.com.ng,
including payment and delivery of token or services, and any other terms,
conditions or representations associated with such dealings, are solely your
responsibility. valueswitch.com.ng shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers
on valueswitch.com.ng.
14.
It is possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials
on valueswitch.com.ng and
that you may be involuntarily exposed to such offensive and obscene materials.
It also is possible for others to obtain personal information about you due to
your use of valueswitch.com.ng, and
that the recipient may use such information to harass or injure you. valueswitch.com.ng does
not approve of such unauthorized uses but by using the valueswitch.com.ng Website
you acknowledge and agree that valueswitch.com.ng is
not responsible for the use of any personal information that you publicly
disclose or share with others on valueswitch.com.ng.
Please carefully select the type of information that you publicly disclose or
share with others on valueswitch.com.ng.
15.
valueswitch.com.ng shall have all the
rights to take necessary action and claim damages that may occur due to your
involvement/participation in any way on your own or through group of People,
intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
Contents
Posted on Site
All
text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively,
"Content"), including but not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement
of such Content, contained on valueswitch.com.ng is owned, controlled or
licensed by or to valueswitch.com.ng, and is protected by trade dress,
copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws.
Except
as expressly provided in these Terms of Use, no part of valueswitch.com.ng and
no Content may be copied, reproduced, re-published, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, website or
other medium for publication or distribution or for any commercial enterprise,
without valueswitch.com.ng's express prior written
consent.
You may
use information on valueswitch.com.ng products
and services purposely made available by valueswitch.com.ng for
downloading from the Site, provided that you
·
(1) not remove any proprietary notice language in all copies of
such documents,
·
(2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media,
·
(3) make no modifications to any such information, and
·
(4) not make any additional
representations or warranties relating to such documents.
You
shall be responsible for any notes, messages, e-mails, billboard postings,
photos, drawings, profiles, opinions, ideas, images, videos, audio files or
other materials or information posted or transmitted to the Sites
(collectively, "Content"). Such Content will become the property
of valueswitch.com.ng and
you grant valueswitch.com.ng the
worldwide, perpetual and transferable rights in such Content. valueswitch.com.ng shall
be entitled to, consistent with our Privacy Policy, use the Content or any of
its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or
hereafter devised, including the creation of derivative works that may include
Content you provide. You agree that any Content you post may be used by valueswitch.com.ng,
consistent with our Privacy Policy and Rules of Conduct on Site as mentioned
herein, and you are not entitled to any payment or other compensation for such
use.
Other
Businesses
valueswitch.com.ng does
not take responsibility or liability for the actions, products, content and
services on valueswitch.com.ng website,
which are linked to Affiliates and / or third party websites using valueswitch.com.ng
APIs or otherwise. In addition, valueswitch.com.ng may
provide links to the third party websites of affiliated companies and certain
other businesses for which, valueswitch.com.ng assumes
no responsibility for examining or evaluating the products and services offered
by them, and valueswitch.com.ng does not warrant the offerings of, any of these
businesses or individuals or the content of such third party website(s). valueswitch.com.ng does
not in any way endorse any third party website(s) or content thereof
Links
valueswitch.com.ng welcomes
links to this site. You may establish a hypertext link to valueswitch.com.ng website,
provided that the link does not state or imply any sponsorship or endorsement
of your site by valueswitch.com.ng. You
must not use on your site or in any other manner any trademarks, service marks
or any other materials appearing onvalueswitch.com.ng,
including any logos or characters, without the express written consent of valueswitch.com.ng and
the owner of the mark or materials. You must not frame or otherwise incorporate
into another third party website or present in conjunction with or juxtaposed
against such a website any of the content or other materials on thevalueswitch.com.ng website
without valueswitch.com.ng's prior written consent.
Privacy
We view
protection of Your privacy as a very important
principle. We understand clearly that you and Your Personal Information is one
of our most important assets. We store and process Your Information on
computers that may be protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and rules there under. Our current Privacy Policy is available at
http://www.valueswitch.com.ng/privacy-policy. If you object to your Information
being transferred or used in this way please do not use valueswitch.com.ng Website
Disclaimer
Of Warranties And Liability
This
website, all the materials and products (including but not limited to software)
and services, included on or otherwise made available to you through this site
are provided on valueswitch.com.ng on
"as is" and "as available" basis without any representation
or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, valueswitch.com.ng does
not warrant that:
·
This website will be constantly available, or available at all;
or
·
The information on this website is complete, true, accurate or
non-misleading.
valueswitch.com.ng will
not be liable to you in any way or in relation to the contents of, or use of,
or otherwise in connection with, valueswitch.com.ng website.
valueswitch.com.ng does
not warrant that this site; information, content, materials, product (including
software) or services included on or otherwise made available to you throughvalueswitch.com.ng website;
their servers; or electronic communication sent from valueswitch.com.ng are
free of viruses or other harmful components.
Nothing
on valueswitch.com.ng constitutes,
or is meant to constitute, advice of any kind.
All the
products sold on valueswitch.com.ng are
governed by different state laws and if valueswitch.com.ng is
unable to deliver such products due to implications of different state laws, valueswitch.com.ng will
return or will give credit for the amount received by valueswitch.com.ng from
the sale of such product, that could not be delivered to you.
You
will be required to enter a valid phone number while placing an order on valueswitch.com.ng. By
registering your phone number with us, you consent to be contacted byvalueswitch.com.ng via
phone calls and / or SMS notifications, in case of any order or confirmation or
delivery related updates. valueswitch.com.ng will not use your
personal information to initiate any promotional phone calls or SMS'.
Services
Payment
While
availing any of the payment methods offered at valueswitch.com.ng, valueswitch.com.ng will
not be responsible or assume any liability, whatsoever in respect of any loss
or damage arising directly or indirectly to you due to:
1.
Lack of authorization for any transactions, or
2.
Exceeding the preset limit mutually agreed by you and between
your "Banks", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reasons.
All
payments made against the purchases/services on valueswitch.com.ng by you shall
be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. valueswitch.com.ng does not accept any
other form of currency with respect to the purchases made on valueswitch.com.ng.
While
availing any of the payment methods offered by us, we are not responsible or
take no liability of whatsoever nature in respect of any loss or damage arising
directly or indirectly to you out of the decline due to:
Breach
Without
limiting other remedies, valueswitch.com.ng may
limit your activity, immediately remove your information, warn other Users of
your actions, immediately temporarily/indefinitely suspend or terminate or
block you from our services, and/or refuse to provide you with access to valueswitch.com.ng
website in the event, but not limited to:
1.
police or
other authorities for initiating criminal or other proceedings against you.
Indemnity
You
shall indemnify and hold harmless valueswitch.com.ng its
owner, licensee, affiliates, subsidiaries, group companies (as applicable) and
their respective officers, directors, agents, and employees, from any claim or
demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of your breach of this Terms of
Use, privacy Policy and other Policies, or your violation of any law, rules or
regulations or the rights of a third party.
Applicable
Law
This
Agreement shall be governed by and interpreted and construed in accordance with
the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be
exclusively in Lagos, Nigeria.
Jurisdictional
Issues/Sale in Nigeria Only
Unless
otherwise specified, the material on valueswitch.com.ng is
presented solely for the purpose of sale in Nigeria. valueswitch.com.ng makes
no representation that materials in valueswitch.com.ng are
appropriate or available for use in other locations/Countries other than
Nigeria. Those who choose to access this site from other locations/Countries
other than Nigeria do so on their own initiative and valueswitch.com.ng is
not responsible for supply of goods/refund for the goods ordered from other
locations/Countries other than Nigeria, compliance with local laws, if and to
the extent local laws are applicable.
Trademark,
Copyright and Restriction
This
site is controlled and operated by valueswitch.com.ng. All
material on this site, including images, illustrations, audio clips, and video
clips, are protected by copyrights, trademarks, and other intellectual property
rights that are owned and controlled by us or by other parties that have
licensed their material to us. Material on valueswitch.com.ng web
site owned, operated, licensed or controlled by us is solely for your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by e-mail or other
electronic means and whether directly or indirectly and you must not assist any
other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other web site or
networked computer environment or use of the materials for any purpose other
than personal, noncommercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which you receive
any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Product
Description
valueswitch.com.ng tries to be as accurate
as possible. However, valueswitch.com.ng does not warrant that product/service
description or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by valueswitch.com.ng itself is
not as described, your sole remedy is to return it in unused condition.
Pricing/Typographical
error
If valueswitch.com.ng comes
across any difference in pricing resulting from typographic errors with regards
to pricing or product information, valueswitch.com.ng shall have the right to
rectify the same or cancel the order(s) and refund monies, if any, collected
from the customer within 5-15 business days of such corrective action taken.
The mode of refund will be the same as at the time of placing the order.
Refund/Cancellation Policy
Transactions
are subject to the dispute management guidelines of the Central Bank of
Nigeria, the Card scheme in use for the transaction and the Merchant whose
service or services was paid for. Proper documentation/proof of transaction would be provided
regarding the transaction carried out on valueswitch.com.ng and appropriate
refund would be done through same channel within 5-10 working days.
Limitation
of Liability
IN NO
EVENT SHALL valueswitch.com.ng BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF valueswitch.com.ng HAS
BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Our
Contact
Please
send any questions or comments (including all inquiries unrelated to copyright
infringement) regarding this Site to support@valueswitch.com.ng
