Customer Terms and Conditions for the Use of NOWNOW

You are required to read and understand these rules as they are a binding agreement between you and Contec Global Infotech Ltd, the providers of NOWNOW Mobile Payment Services.

By registering for a NOWNOW wallet, you agree to the rules stated in this document. You are also deemed to accept these rules upon first use of a registered phone number, or any information related to a NOWNOW account, in connection with the use of NOWNOW.

1. Definitions

The following definitions relate to these Terms and Conditions:

1.1 “Account” is an electronic stored value account on NOWNOW created for use by the customer or Agent. Credits, debits and charges are applied to this account. The account is primarily accessed through your mobile phone and the NOWNOW online systems.

1.2. “Agent” refers to any party or device, including authorized NOWNOW Agents, Merchants, ATMs, connected kiosks and bank tellers that facilitate NOWNOW transactions on behalf of customers.

1.3. “ATM” means automated teller machine.

1.4. “Content” means all information whether textual, visual, audio or otherwise, appearing on or available through the services.

1.5. “Credit” means the movement of funds into an account.

1.6. “Debit” means the movement of funds out of an account.

1.7. “IVR” stands for Interactive Voice Response system, the automated phone line that allows a computer to recognize voice and keypad inputs.

1.8. “Level 1 customer” refers to a new customer who provides the minimum requirement listed in [4.9] below, either in a self-sign-up or to a NOWNOW agent or authorized administrative centre.

1.9. “Level 2 customer” refers to a NOWNOW user who has submitted his phone number, full name, full address, Bank Verification Number (BVN) and a copy of a verifiable ID card to NOWNOW administrative centre authorized to perform the upgrade to Level 2.

1.10. “Level 3 customer” refers to a NOWNOW user who has either linked his NOWNOW account to his bank account with one of the banking institutions recognised by the Central Bank of Nigeria or provided all required KYC details at a NOWNOW administrative centre authorized to perform the upgrade to Level 3.

1.11. “Linked bank account” refers to the bank account that you have linked to your NOWNOW account. This allows you to carry out transactions using funds from your bank account instead of using your NOWNOW account.

1.12. “Merchant” means a seller of goods and or services who will accept NOWNOW as payment for these goods and or services.

1.13. “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 NOWNOW.

1.14. “Mobile phone” means a GSM or CDMA device which can make and receive telephone calls and send and receive SMS, among other communication options.

1.15. “NOWNOW” refers to the financial services products offered by NOWNOW Limited, with a central feature being a transactional account(s) that may be used in relation to a wide variety of services.

1.16. “NOWNOW” refers to NOWNOW Limited, a mobile payments platform company registered under the laws of the Federal Republic of Nigeria.

1.17. “PIN” means personal identification number being the secret code you choose for secure use of (and access to) your NOWNOW account.

1.18. “Products” refer to NOWNOW products, including person-to-person money transfer, bill payments, airtime top-up and NOWNOW retail payments services.

1.19. “Registered phone number” refers to any phone number that has been registered on NOWNOW.

1.20. “Services” any products and services provided to the customer as part of NOWNOW.

1.21. “SMS” or “Short Message Service” is a standard communication service on GSM phones which is used to exchange short text messages between mobile devices.

1.22. “USSD” or “Unstructured Supplementary Service Data” is a real time messaging channel accessed from a mobile phone and allows user to interact with NOWNOW.

2. The NOWNOW Offering

2.1. NOWNOW is a service offered by Contec Global Infotech Ltd and designed to allow you to:

2.1.1. Sign up as a customer

2.1.2. Receiving access to our broad set of products and features within NOWNOW.

2.1.3. Credit a NOWNOW account with cash by

2.1.3.1. depositing at our agent locations;

2.1.3.2. transferring funds into NOWNOW from a Linked bank account; or

2.1.3.3. receiving money into NOWNOW from another customer.

2.1.3.4. depositing money at any of our collections banks.

2.1.4. 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.

2.1.5. 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.

2.1.6. Perform a cash withdrawal at any of our agent locations.

2.1.7. Perform any other transaction as may be deployed to NOWNOW from time to time

2.2. No interest will be paid on the balance in your NOWNOW account.

2.3. Amounts loaded into a NOWNOW account will be available for transactions immediately after it clears.

2.4. These terms and conditions apply to all channels through which transactions may be carried out on NOWNOW, including SMS; IVR; Online/ Internet; Online/Mobile phone application; USSD; and NOWNOW Agent network.

3. Opening a NOWNOW Account

3.1. Customers who are under 18 years of age should review these terms and conditions with a parent or guardian. We strongly recommend that minors obtain consent from their parents or guardians before joining NOWNOW 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 NOWNOW, an active GSM or CDMA mobile phone subscription on any supported mobile network is required.

3.3. Customers are limited to one (1) NOWNOW account per phone number. Multiple phone numbers can however be linked to the same account.

3.4. To setup your account, NOWNOW requires your personal details including your name and phone number. You must provide complete and accurate information. Unregistered customers will be able to receive cash to their phone number. They will also have limited use of NOWNOW pending registration.

3.5. In the process of verifying your identity, NOWNOW has the sole discretion to refuse any account opening application for any number of reasons.

4. Transacting

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. Each transaction will be identified by a unique 5-character Transaction ID which is used to track and identify all transactions carried out on the NOWNOW network. This number is important for a variety of uses, including dispute resolution.

4.4. NOWNOW will send you a message to verify and confirm all transactions effected from your NOWNOW account or performed at an agent; this message may be sent via SMS, email, or another available channel.

4.5. 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.

4.6. To manage your money safely there are daily limits on your account. You can increase or reduce these limits by contacting Customer Services, subject to the restrictions placed in terms of paragraphs 4.9.

4.7. Your account will be credited with any deposits made into it, and the credit will be available for transactions immediately after they are cleared. However, should you want to make a cash withdrawal of funds you deposited into your account at a NOWNOW agent, you will only be able to do so free of charge 14 days after the cash deposit was made. Otherwise, a charge is incurred for withdrawal of deposited funds.

4.8. 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.

4.9. The table below outlines the customer classification NOWNOW adopts along KYC levels along with the applicable transaction limits. You may not withdraw, transfer or make any payments that together exceed any of the per transaction or daily limits defined for your category. Should you attempt to exceed any applicable limits, your transactions will be declined. NOWNOW may, acting reasonably and in accordance with regulation set by the Central Bank of Nigeria, vary the limits at any time and any variation will be notified to customers.

5. Fees, Charges and Payment Terms

5.1. While many transactions on NOWNOW are free to the customer, some transactions do carry a fee. Our NOWNOW fee schedules are available at all our agent locations, field offices, through communication with our Customer Services or by accessing our website. The fee schedule provides details on the fee amounts, and the method and source of payment for such fees. We reserve the sole discretion to revise the fee schedule from time to time.

5.2. When you initiate and confirm a transaction on NOWNOW, 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. NOWNOW is designed to make payments convenient, so we allow you to make payments using a number of different funding sources e.g. your linked bank accounts and/or bank cards. 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 when you perform transactions on NOWNOW.

5.4. When you make a payment, you authorize us (and our designated payment processor) 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, NOWNOW 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. Merchant Transactions

6.1. When making a payment to a merchant on NOWNOW, 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.

7. NOWNOW Online Service

7.1. You are responsible for protecting your mobile, computers or any other electronic device used for transaction against 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.

8. Security and Unauthorized Use

8.1. When signing up for a NOWNOW account, you will be prompted to create a unique Personal Identity Number (PIN), username, password and provide answers to one or more security questions of your choosing. 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 a selection of questions to confirm your identity when you call Customer Services. This method gives us your authorisation to service your account and execute your instructions.

9. 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 NOWNOW 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.

10. 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 three (3) consecutive occasions, we will lock your access to NOWNOW for (24 hours).

10.1.6. If your NOWNOW account remains unused and has a zero balance for a period of 6 months, NOWNOW may close the account after giving 30 days’ notice via SMS or email.

10.1.7. If your NOWNOW account has a balance of funds, but is not loaded or used for a period of 12 months, NOWNOW may close the account after giving 30 days’ notice via SMS or email.

10.2. If we close your account you must ensure that all debit orders linked to this account are removed within 30 days as these debit orders will be declined after this period and NOWNOW will not accept any liability resulting from these declined debit orders.

10.3. 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.

10.4. In any case where your NOWNOW account is closed for any reason other than frauds and has a balance of funds, upon your request to Customer Services, the balance will be made available to you for withdrawal at [a NOWNOW field office of your choosing], barring any legal or regulatory provisions against such.

11. Notices

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 NOWNOW services online or via the NOWNOW 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 below:
239/241, Ikorodu Road, Near Town Planning Way, Illupeju, Lagos.

12. Privacy Policy

12.1. When you sign up for NOWNOW 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 NOWNOW at any time by contacting Customer Service or accessing your account profile online. Such information will be updated immediately.

12.3. When you use NOWNOW 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 NOWNOW 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 NOWNOW features in response to possible signs of abuse, and may suspend or disable accounts for violations of our customer terms and conditions.

12.7. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you.

13. Disputes and Refunds

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 Refunds, 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 NOWNOW 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. General

14.1. WE TRY TO KEEP NOWNOW AVAILABLE ALWAYS, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NOWNOW “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NOWNOW WILL BE SAFE OR SECURE. NOWNOW 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 NOWNOW website, in at least 2 national newspapers and at NOWNOW field 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 NOWNOW 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