Terms & Conditions
Previous revision: December 9, 2015.
Effective as from January 1, 2016.
These are the terms of service regarding the services offered by Nairabox. By registering for a Nairabox account or as an agent, you agree to the rules stated in this document. Customers who are under 18 years of age should review these terms and conditions with a parent or guardian. You are also deemed to accept these rules upon first use of a registered phone number, or any information related to a Nairabox account, in connection with the use of Nairabox.
The following definitions relate to these Terms and Conditions:
1.1. "Account" is an electronic stored value account on Nairabox created for use by the customer or Merchant. Credits, debits and charges are applied to this account. The account is primarily accessed through your mobile phone and the web site (“Nairabox.com”).
1.2. "ATM" means automated teller machine.
1.3. "Content" means all information whether textual, visual, audio or otherwise, appearing on or available through the services.
1.4. "Credit" means the movement of funds into an account.
1.5. "Debit" means the movement of funds out of an account.
1.6. "Merchant" means a seller of goods and or services who will accept Nairabox as payment for these goods and or services.
1.7. "Mobile Payments" describes the service or process that allows customers to make and receive a variety of payments using their mobile phone, among other channels. This service is available as part of Nairabox.
1.8. "Mobile phone" means a GSM or CDMA device which can make and receive telephone calls and send and receive SMS, among other communication options.
1.9. "Nairabox" refers to the financial (e-wallet) services products offered by Jorg Technologies Limited, with a central feature being a transactional account(s) that may be used in relation to a wide variety of services.
1.10. "Jorg" refers to Jorg Technologies Limited, Mobile Application Platform Company registered under the laws of the Federal Republic of Nigeria.
1.11. "PIN" means personal identification number being the secret code you choose for secure use of (and access to) your Nairabox account.
1.12. "Products" refer to Nairabox products, including person-to-person money transfer, bill payments, airtime top-up and ticket purchase.
1.13. "Registered phone number" refers to any phone number that has been registered on Nairabox.
1.14. "Services" any products and services provided to the customer as part of Nairabox.
1.15. "SMS" or "Short Message Service" is a standard communication service on GSM phones which is used to exchange short text messages between mobile devices.
1.16. "USSD" or "Unstructured Supplementary Service Data" is a real time messaging channel accessed from a mobile phone and allows user to interact with Nairabox.
The Nairabox Offering
2.1. Nairabox is a service offered by Jorg Technologies Limited and designed to allow you to:
2.1.1. Sign up as a customer.
2.1.2. Receive access to our broad set of products and features within Nairabox.
2.1.3. Credit a Nairabox account with cash.
2.1.4. Transfer funds into Nairabox from another account;
2.1.5. Receive money into Nairabox from another customer.
2.1.6. Pay or transfer money to another party for personal reasons or as payment for physical or virtual goods or services already received or to be received in the future.
2.1.7. Receive money from another party for personal reasons or as payment for physical or virtual goods or services already provided or to be provided in the future.
2.2. No interest will be paid on the balance in your Nairabox account.
2.3. Amounts loaded into a Nairabox account will be available for transactions immediately after it clears.
Opening a nairabox account:
3.1. We strongly recommend that minors obtain consent from their parents or guardians before joining Nairabox or providing information to any third party or before sending any information about themselves to anyone over any channel.
3.2. In order to sign up to join Nairabox, an active GSM or CDMA mobile phone subscription on any supported mobile network is required.
3.3. Customers are limited to one (1) Nairabox account per phone number. Multiple phone numbers can however be linked to the same account.
3.4. To setup your account, Nairabox requires your personal details including your name and phone number. You must provide complete and accurate information. Unregistered customers will not be able to receive cash to their phone number.
3.5. In the process of verifying your identity, Nairabox has the sole discretion to refuse any account opening application for any number of reasons.
4.1. You may access the available funds in your account at any time using any of the channels you choose, including your mobile phone and the Internet. While we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services "as is" and without any warranties.
4.2. All payments will be processed in Nigerian local currency i.e. Naira.
4.3. Nairabox will send you a message to verify and confirm all transactions effected from your Nairabox account; this message may be sent via SMS, email, or another available channel.
4.4. You must authorise your transactions with your secret PIN, which you create when you register, or by such other method as we may prescribe from time to time.
4.5. We will verify and confirm any record of a deposit into your account. Our records will be taken as correct unless the contrary is proved.
Fees, Charges and Payment Terms
5.1. While many transactions on Nairabox are free to the customer, some transactions do carry a fee.
5.2. When you initiate and confirm a transaction on Nairabox, you agree to be bound by and pay for that transaction. Do not commit to a transaction unless you are ready to pay and have checked that all provided information is accurate as all completed transactions are final.
5.3. Nairabox is designed to make payments convenient, when you provide us with a funding source, you also authorize:
5.3.1. The collection and storing of source information along with other related transaction information.
5.3.2. The crediting and debiting of your chosen source to fund your account when you perform transactions on Nairabox.
5.4. When you make a payment, you authorize us to charge the full amount and any charges related to that transaction to the funding source you designate for the transaction. If your payment results in an overdraft or other fee from a related party, liability for such fees or penalties will rest solely with you.
5.5. To prevent financial loss or possible violations of the law, Nairabox reserves the right to use its discretion in disclosing details of any payments associated with you with funding source issuers, law enforcement agencies, or impacted third parties (including other users). Such disclosures will originate from an order of any trial court with the jurisdiction to compel such a disclosure.
6.1. When making a payment to a merchant on Nairabox, you will be required to confirm the transaction. At this time you may also be requested to enter your PIN to accept the transaction. By entering your PIN to confirm the transaction you agree and confirm that you authorised the transaction. You cannot directly reverse or cancel any payment once it has been approved by you.
6.2. As we are unable to reverse or charge-back any payments made, should you have a dispute with any merchant, you should resolve such disputes with the merchant directly.
6.3. Disputes between you and a merchant will not affect our right to recover payments from you.
Nairabox Online Services
You are responsible for protecting your computer against computer viruses when you use the Internet to access our website and Internet banking facilities. We are not liable for any computer program or code that may originate from our systems and you indemnify us against any claims made in this regard.
Security and Unauthorized Use
8.1. When signing up for a Nairabox account, you will be prompted to create a unique Personal Identity Number (PIN) and provide a password recovery question. You are responsible for the safekeeping and proper use of these security data.
8.2. You are responsible for all transactions that take place on your account with your PIN and you indemnify us against any claims made in respect of such transactions.
8.3. If at any time you believe or discover that your PIN has been stolen or compromised, you should contact our Customer Services immediately. We will place your account on hold to prevent any transactions from being carried out as soon as we reasonably can. You will remain responsible for all transactions that occur until your account is put on hold.
8.4. Should you dispute any purchase or withdrawal debited to your account, you will be required to prove that it lacked your authorization Such transactions will be investigated once we receive an affidavit clearly stating that you had not authorised the transaction, supported by proof of this.
8.5. We use PIN and password recovery questions to confirm your identity when you call Customer Services. This method gives us your authorisation to service your account and execute your instructions.
Statements and Transaction Records:
9.1. You may request a record of transactions on your account at any time either via your mobile phone, online, or from a Nairabox field office. Unless otherwise noted at time of request, all records of transactions will be provided free of charge, subject to SMS or network charges.
9.2. You must inform us within 30 days of the date of any transaction if you think such a record of transactions is inaccurate. Should you fail to do this within this timeframe, it will be interpreted as you waiving the right to dispute any transactions reflected on the statement or to recover any losses from unauthorised transactions reflected in the statement.
Suspension and Closure of Accounts
10.1. We may suspend, restrict, or terminate the provision of our services (in whole or in part) and or close your account without any liability whatsoever under the following circumstances:
10.1.1. upon receiving a request from you at any time, we will close your account.
10.1.2. if you notify us that your phone has been lost or stolen or your PIN has been compromised, we will suspend or close your account.
10.1.3. if in any way we know or suspect your account is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law, we may close your account, restrict activity on your account or suspend access to your account.
10.1.4. if we believe that you are in breach of these terms and conditions, are trying to compromise our systems, are unreasonably interfering with any services provided by us, or for any other purpose in protection of our interests, we may close your account.
10.1.5. Should you enter the incorrect PIN on ten (10) consecutive occasions, we will lock your access to Nairabox for (24 hours).
10.1.6. If your Nairabox account remains unused and has a zero balance for a period of 6 months, Jorg Technologies LImited may close the account after giving 30 days' notice via SMS or email.
10.1.7. If your Nairabox account has a balance of funds, but is not loaded or used for a period of 12 months, Jorg Technologies Limited may close the account after giving 30 days' notice via SMS or email.
10.2. We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict or statute, if we close or suspend your account in accordance with this Clause 10.
10.3. In any case where your Nairabox account is closed for any reason and has a balance of funds, upon your request to Customer Services, the balance will be made available to you, barring any legal or regulatory provisions against such.
11.1. The physical address, email address or telephone number you supply during sign-up are regarded as the preferred channels via which notices may be given and documents in legal proceedings may be served. You must notify us immediately should your physical, postal, email address or mobile phone number change.
11.2. We are entitled to send information to you via SMS to the registered phone number associated with your account and as amended from time to time.
11.3. We are entitled to send any notice to an email address specified on your account. This clause pertains to customers who have accessed and used Nairabox services online or via the Nairabox mobile application.
11.4. Any correspondence that we send to you by courier or post will be considered to have arrived within seven (7) days of sending and any correspondence that we send to you by email or SMS will be considered to have arrived on the day that it was sent to you, unless the contrary is proved.
11.5. You should send any legal notice to us by post to our address: JORG Technologies Limited, Suite 16, Samit Mall, Plot 69, Admiralty Way, Lekki Phase 1, Lagos, Nigeria
12.1. When you sign up for Nairabox you will be required to provide us with your name, email, gender, and birth date, among other information. In some cases we may ask for additional information for security reasons or to provide specific services to you.
12.2. You may change your personal identifiable information on Nairabox at any time by contacting Customer Service or accessing your account profile online. Such information will be updated immediately.
12.3. When you use Nairabox from a computer, mobile phone, or other device, we may collect information from that device regarding your browser type, location, and IP address, as well as the pages you visit for security purposes.
12.4. We may retain the details of transactions or payments you make via Nairabox after the transaction is completed. This information will only be made available to third parties if required by law. However, we commit to keeping all your personal information, including your funding source details safe.
12.5. You agree that your information, including your personal information, your telephone conversations with our Customer Services and your transactions may be recorded and stored for record keeping purposes for up to 5 years from date of closure of account.
12.6. We use server firewalls and encryption to keep your account information safe during transmission and in storage. We also use automated and social measures to enhance security, such as analyzing account behaviour for fraudulent or otherwise anomalous behaviour, may limit use of Nairabox features in response to possible signs of abuse, and may suspend or disable accounts for violations of our customer terms and conditions.
Disputes and Reversals
13.1. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, to enable us take action to help prevent financial loss.
13.2. All claims against us related to payments should be made within thirty (30) 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.
13.3. You are responsible for and agree to indemnify us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) caused by or arising from payments that you authorized or accepted.
13.4. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
13.5. We may intervene in disputes between users concerning payments but have no obligation to do so.
13.6. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
13.7. It is your responsibility to remit any taxes that apply to your transactions and not normally included in the cost of the Nairabox transaction. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
13.8. The transaction ID and transaction details will be required to resolve all disputes
14.1. WE TRY TO KEEP NAIRABOX AVAILABLE AT ALL TIMES, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NAIRABOX "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NAIRABOX WILL BE SAFE OR SECURE. NAIRABOX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
14.2. We may at any time amend these terms and conditions by notice published on the Nairabox website and at Jorg Technologies Limited offices. Any amendment will not constitute a negation of these Terms and Conditions.
14.3. You are responsible for your connection to the mobile phone networks, the Internet and all costs associated with these same connections.
14.4. We are not responsible for any loss arising from any failure, malfunction, or delay in any mobile phone networks, mobile phones, ATMs, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.
14.5. We may allocate any money received from you or held on your behalf to settle any outstanding balance on your account.
14.6. All copyright, trademarks and other intellectual property rights used as part of our services or contained on our websites, documents or other materials are owned by Jorg Technologies Limited or its licensors. You agree that you acquire no rights thereto.
14.7. You acknowledge and agree that these Terms and Conditions are governed by Nigerian law and any breach of these Terms and Conditions will be considered as having taken place in Nigeria.
14.8. The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of this Terms and Conditions. Any dispute or differences arising out of the construction, interpretation or performance of the obligations created under this relationship which cannot be settled amicably within one (1) month after receipt by a party of the other party's request for such amicable settlement may be referred to a single arbitrator to be appointed in accordance with the Arbitration and Conciliation Act. Cap. A18, Laws of Federation of Nigeria 2004. The place of arbitration shall be in Lagos, Nigeria and the language of arbitration shall be English language.