TERMS OF USE

INTRODUCTION

Welcome to JiviPay!

These terms and conditions outline the rules and regulations for the use of JiviPay’s Website, located at www.jivipay.com.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

This electronic record is generated by a computer system and does not require any physical or digital signatures. These terms & conditions (“Terms and Conditions”) apply to the Site (jivipay.com), and all of its divisions and subsidiaries operated Internet sites which reference these Terms and Conditions.

Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.

if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. If after clarification you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service. These Terms and Conditions fully govern the use of this website. Kindly read this Terms of Use carefully.

Cookies

We employ the use of cookies. By accessing JiviPay, you agreed to use cookies in agreement with the JiviPay’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

USING JIVIPAY

In connection with using or accessing the services you represent and warrant that:

1. you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian;
2. You have a legal capacity and you agree to comply with the Terms;
3. You are authorized by a person or a company you are representing to enter into a legal agreement with us and with users of the Platform;
4. The information provided in your ACCOUNT will be accurate and true. This includes every information you provide when updating your ACCOUNT.
5. You will notify JiviPay and immediately change data for accessing the Platform if you have a suspicion that your Account access details were disclosed or probably used by an unauthorized user;
6. You will not use the Service for any illegal or unauthorised purpose;
7. You will not infringe other person’s rights or interests, including any intellectual property rights.
8. You will not use software and pursue any other actions aimed to interference with normal operation of the Platform; which includes not storing, posting or distributing viruses, worms, Trojans and other kinds of malware.
9. You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person.
10. you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information and other information you provided during registration. And will provide the Service with relevant information or documentation that proves your identity.

You agree that this website may only be used in accordance with these Terms and Conditions of Use. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

PERSONAL DATA RIGHTS

In connection with using or accessing the services or and by ticking the “I agree to the terms of use”, on the registration form, you agree to grant us the non-exclusive, worldwide, transferable, perpetual, irrevocable written right to allow us to collect and use any personal data available or made available to us, from any source or provider, for the purposes of providing services to you:

1. We are authorized to share, receive and use data/information collected from your registration application form, account update form and not limited to transactions with other affiliated third parties including but not limited to mobile network operators, credit bureaus, aggregators, other financial institutions, law regulators etc in any country in the world, without any restrictions as we deem necessary or appropriate. Such transmission, transfer, or processing will be governed by the operation of the Service and as described in these Terms and the Privacy Policy.
2. We agree to abide by all requisite data protection laws in relation to your Personal Data.

CONTRIBUTOR’S OBILIGATION

As a contributor:

1. You must pay your weekly contribution between the required date (Mondays through Thursdays) and failure to do that might result to termination of use and or a one-time charge of JiviPay service charge for the registered package
2. You will provide authentic and updated personal informations
3. JiviPay reserves the right to presume that the contributor has authorized any request to join a group or use any other service made in the name of the contributor using this Account. The contributor will be deemed responsible for any unauthorized application using this Account unless he/she notifies Us, in writing, of imminent fraud by another person on his/her account within 24 hours of such fraud.
4. To pay contributions or repay the contribution given to you via direct cash transfer to a bank account(s) provided by JiviPay, an electronic debit card, or through an acceptable electronic channel.
5. Contribution payment or repayment via electronic debit card may be affected by JiviPay in the way and manner hereinafter specified
   1. In the event of card expiration, you will have to obtain a renewed card from your bank or provide us with another personal debit card.
   2. We shall deduct from the card setup on the payment or repayment due date(s). We will never make any transactions on the card outside of the scheduled contribution payments or repayments. In the event of a double repayment initiated in error by you, we will on a best effort basis process a refund within a reasonable time.
6. You hereby indemnify us against any losses, liabilities or damages that may arise if you use a third party’s card on your Account without the consent of such third party.

1. 1. In the event of a default or insufficiency of funds in your bank account, you hereby authorize us to charge any other cards you may have on your Account or profile other than the primary card listed.
   2. You agree to grant us an irrevocable written authorisation to issue open-ended direct debit mandates for all accounts you own now, or at any point in the future.

NOTE: This does not exclude the contributor from every other section of this agreement.

EVENT OF DEFAULT

Default in terms of this Agreement will occur if:

1. A Contributor fails to make any schedule payment or repayment of the subscribed membership package in full on or before the payment due date in accordance with the group schedule given to the Contributor by JiviPay;
2. Any representation/information, warranty or assurance made or given by the Contributor in connection with the application for becoming a contributor or any information or documentation supplied by the contributor is later discovered to be materially incorrect; or
3. The contributor does anything which may prejudice JiviPay’s rights in terms of this Agreement or causes the company to suffer any loss or damage.

IN THE EVENT OF ANY DEFAULT BY THE CONTRIBUTOR:

NOTE: This is only applicable if a Contributor fails to make payments

In event of missing a contribution or failure to make contribution payments, you grant JiviPay the right to deduct the sum of ₦3,500 for Regular Plan, ₦5,000 for Standard Plan, ₦10,000 for Premium Plan, ₦15,000 for Bronze Plan, ₦30,000 for Silver Plan, ₦45,000 for Gold Plan from your total contribution at that time and send your balance to the account number you provided us. you also grant us the right to terminate your contribution account on JiviPay when you fail to make payments.

NOTE: This is only applicable if a Contributor gets paid and refuses to make repayments

1. JiviPay may, without notice to the contributor set-off, appropriate or apply any balance outstanding on the contributor’s investment account held by the company.
2. If you default, you agree that we have your written authorisation to place a lien on every account you own now, or at any point in the future, to recover any outstanding balance you owe us by the execution of the direct debit mandate.
3. The company reserves the right to assign its right, title and interest under the Agreement to an external Collections Agency (Debt Collection Third Parties) who will take all reasonable steps to collect the outstanding contribution amount.

The Third Party Agency might resolve at enforcing collection through the authorized CBN GSI (CBN Global Standard Instruction Scheme) using the submitted BVN you provided us during registration and we verified before accepting your application, it is also within our right and the debt collection agency’s right to report you to the Regulator as a fraudulent actor in the banking system and shall work with the Regulator and any third parties of our choosing to enforce regulation such as the BVN (Bank Verification Number) Watchlist. You further agree that we shall have the right to block your access to and use of electronic financial transactions using your payment cards, your phone numbers, your account numbers, or your personal identity, and shall have the right to enforce any other applicable law or regulation as applies to fraudulent financial actors in Nigeria.

1. The Contributor shall be responsible for all legal costs and expenses incurred by JiviPay in attempting to obtain repayment of any outstanding contribution balance owed by the contributor. Interest on any amount which becomes due and payable shall be charged.

2. You further agree that if you default we may execute the Direct Debit Mandates (as described in contributor’s obligation section 5(v) ), singularly or severally, from one or more of your Bank Accounts linked to your BVN, without any notice or further obligation to you, and may continue to execute direct debit mandates on your Bank Accounts until your financial obligations to us have been fulfilled. We warrant and represent that we will execute such direct debit mandate only if you default.

BASIC SAVER’S OBILIGATION

As a saver:

1. You agree that you will only request or apply for the minimum of ₦15,000 when requesting for withdrawal and you will inform JiviPay 2 working days if there is a need for an emergency withdrawal.
2. You agree to be charged a 3% service charge upon withdrawal. Either you withdraw the minimum of ₦15,000 or you request for an emergency withdraw.

AFFILIATE’S OBLIGATION

Since the service provides you with an opportunity to refer family and friends to the Service directly via the Service.

1. By using the service for such referrals, you agree that any and all referrals given by you are done in good faith and you agree to be a guarantor for any and all such referrals. As such, you hereby agree that any outstanding repayment owed us by your referrals, will be automatically added, at our discretion, to your bank account. This is also subjected to be recovered through the direct debit mandate as described in the section above.
2. You agree that we have your written authorisation or consent to place a lien on every account you own now, or at any point in the future, to recover any outstanding balance owed by such referrals.

COMMUNICATION NOTICE

By signing up or registering with JiviPay, you agree to receive:

1. emails associated with finalizing your order, which may contain relevant offers from third parties, and
2. emails asking you to review JiviPay and
3. promotional emails, SMS and push notifications from JiviPay. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please contact us at [email protected]

You agree that we may communicate with you by sending notices, messages, alerts and statements in relation to this agreement in the following manner:

• To the most recent physical address you provided us during application or account update.
• By delivery to any email address you provided us during application or account update.
• By delivery of an SMS to any mobile telephone number you provided us during application or account update.

CONTENT

Any content you provide using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against us, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.

You accept that the information contained on this website is provided is intended for information purposes only and that it is subject to change without notice. We try to offer reliable information, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date

We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, delay in operation or transmission, computer virus, communication failure, omission, interruption, deletion, and defect in the information, content, materials, software or other services included on or otherwise made available through JiviPay’s Website.

We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

NON-WAIVER

Omission by a party at any time to enforce or require strict or timely compliance with any provision of this Agreement shall not affect or impair that provision in any way or the rights of that party to avail itself of the remedies it may have in respect of any breach of that provision.

DISCLAIMER

1. Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site. JiviPay stores the data and might use it for contact purposes as stated earlier or for debt collection in a case were the user default payment after contribution collection

2. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in JiviPay’s website or applications may not occur in real time. Such functionality is subject to delays beyond JiviPay’s control.

3. Should in case there is delay in payments due to unforeseen circumstances, negligence or faults (of which we do our best to make sure we avoid such), you agree not to hold us, our affiliate, third parties or employees liable.

INDEMNITY

You agree to indemnify, defend and hold harmless JiviPay, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE (AND OUR AFFILIATES), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE. YOU ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF JIVIPAY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING A MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR NGN10,000.

GOVERNING LAW AND JURISDICTION

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Federal Republic of Nigeria.

INTELLECTUAL PROPERTY

Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, infographics, photos, sounds, graphics, music, videos and interactive features and the trademarks, service marks and logos contained therein JiviPay’s Website are owned by or licensed to JiviPay or our licensors in perpetuity, and are subject to copyright, trademark, and/or patent protection in the Republic of Nigeria and foreign countries, and other intellectual property rights under Nigeria and foreign laws.

Since JiviPay’s content is provided to you “as is”, “as available” for your information and personal, non-commercial use only and may not be copied, reproduced, distributed, downloaded, transmitted, broadcast, displayed, licensed, or otherwise exploited for any purposes whatsoever without authorization by JiviPay. Any use of such Materials and Marks without prior notice of JiviPay is not allowed.

• Notice for Claims of Intellectual Property Violations and Copyright Infringement

If you reasonably believe that your intellectual property right has been infringed up on any part of our website, as a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights, you may provide notification to this address: JiviPay , Block 25, GSM Village, Wuse Zone 1, Abuja. by email ([email protected]) requiring JiviPay to delete such material. In this regard you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

Please provide the following information along with your notification:

• Thorough description of the specific material (where on our website and what content) which are stated to infringe rights.
• Thorough description of the object(s) of intellectual property right.
• A physical or electronic signature of the authorised person acting in the name of a right holder that is allegedly infringed.

• The address, telephone number or e-mail address of the compliant.

• A declaration by you that he/she has a good-faith belief that the use of the allegedly infringing material isn’t authorized by the copyright owner, its agent, or by the law.
• A declaration by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Note: The relevant notification shall be sent to email [email protected].

SEVERABILITY

If any provision or portion of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, then that part shall be severed from these Terms and Conditions. The remaining provisions or portions thereof shall remain in full force and effect.

TERMINATION

1. We may terminate this Agreement immediately at any time, with or without notice, if you have breached this Agreement.
2. We reserve the right to cease operating the Service and terminate this Agreement at any time without notice if you breach any part of this agreement.

HAVE ANY QUESTION?

If you have questions about these Terms of Use, content or about JiviPay services, please contact us at [email protected]