Terms Of Service

Welcome to 9jaCashBack an Electronic Transaction Request Back Service (EFTRS) (“Company,” “we” or “us”). The following terms and conditions of use, together with any documents they expressly incorporate by reference (collectively, these “terms and conditions of use”), govern you and any entity you represent (collectively, “you” or “your”), with respect to opting in , access and use of cashback service on any atm or web application including any content (as defined in this terms of service agreement), technology, processes, materials, functionality and services designed, offered, or marketed by the company as cashback service and at such other domain names used to identify websites on which the company may offer cashback opt in (collectively, the “Service”), .


IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT OPT IN ,ACCESS OR USE THE 9JACASHBACK SERVICE.


1.0 Acceptance of the Terms and Conditions of Use

By clocking in or requesting cashback on your transactions either on any participating ATM terminal or designated web application or USSD channel made available to you, you hereby (i) acknowledge that you agree to be bound to and abide by these terms and conditions of use and (ii) represent and warrant that you are eligible to access the service and are authorized and able to accept these terms and conditions of use. if you do not wish to be bound by these terms and conditions of use, you must NOT opt in ,clock in, request for ,make a wish ,access or use the service.


2.0 General Rules, Policies & Procedures

Eligibility

To be eligible you must (i) possess and operate a valid nigerian bank account replete with a valid electronic debit or credit card. you must, at the time of registration (i) be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater, (ii) be physically located in a state in the federal republic of nigeria (iii) at all times abide by these terms and conditions of use.


The company reserves the right to verify your age, identity and eligibility at any time. any failure to cooperate with the company in this respect may result in the forfeiture of your cashback.


Employees, officers, directors, members, managers, investors, agents, and representatives of the company and any of its or their parent companies, subsidiaries, affiliates as well as direct technology vendors, content providers, component suppliers (both hardware and software) directly related to the promo, and each of their respective immediate family (defined as parents, spouse, partner, and children) and any person residing in the same household are not eligible to use the service. such persons may, however, access the service, and will from time to time do so for the purpose of testing the service, including, without limitation, evaluating user experience, and other reasonable and fair uses at the sole discretion of the company.


By accessing or using the service, you represent and warrant that you have the right, authority and capacity to enter into this agreement, to abide by all of these terms and conditions of use, and that you are not prohibited from accessing or using the service. the company makes no representations or warranties, implicit or explicit, as to your legal right to access or use the service and no person affiliated, or claiming affiliation, with the company shall have authority to make any such representations or warranties. the company reserves the right to deny access to the service to anyone at its sole discretion.


Compliance

You will comply with all of the terms and conditions of this agreement and all applicable laws, regulations and rules when you use the service. a user must be 18 years or older to participate in and the service. these rules & policies are valid only where legal. you are responsible for ensuring that it is legal for you to enter the service in your local jurisdiction. the company reserves the right to cancel a user’s entry if behaviour is deemed unacceptable by machinepush nigeria limited or any of our affiliates. in the event of any cashback generated from an account which is not in strict compliance of the present terms and conditions of use, the rights to said cashback may be compromised.


Notice of Modifications or Changes

The company may modify the service at any time with or without notice to you. the company and its content including, without limitation, the information, graphics, products, features, functionality, services, and links (collectively the “content”) may be changed, deleted or updated without notice. machine push may discontinue, suspend or modify the service at any time without notice, and the company may block, terminate or suspend your access to the service at any time for any reason in its sole discretion, even if access continues to be allowed to others.


Request( Entry)

Request for cashback, refunds or “clock in’s” must be made before 11.55 am & 11.55 pm daily to be eligible for considerations of any the two time stamps daily or 11.55 pm for one daily time stamp.


Payouts & Statutory Withholdings

Where applicable by law, the company will subject the payment of any withholding instruction to the statutory withholdings and / or deductions authority.


Refund limits

All base refund limits are pegged at 10 thousand naira for atm withdrawal and 10 thousand naira only for pos and transfers except otherwise stated.


Daily Entry Limit

A person may make as many request for cashback entries as they desire in a day.


No Transfer

Cashback rewards are not transferable.


Refunds Tenure

Refunds will be valid only for transactions not older than 90 days.


Entry Commitment

Once a transaction entry has been made it cannot be reversed or terminated and will be considered.


Security

Privacy and personal security of user’s sensitive information like passwords, pins are responsibilities of the user.


Indemnification

MachinePush ,9jaCashBack and all its attendant affiliations are indemnified in event of any fraudulent activity or loss to your bank account during the duration of the service


Updates

From time to time, the company may in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features/processes (collectively, including related documentation, “Updates”). updates may also modify or delete in their entirety certain processes, features and functionality. you agree that the company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality.


Mobile Device and Service Charges

For users who will be opting in via the internet note that this may require communication with the company’s servers, including, without limitation, which may consume data. you acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of use of this promo, including any overage and penalties assessed for exceeding the limits imposed by your service provider.

You are responsible for the cost of your mobile device and to ensure that your mobile device meets the system requirements apt for accessing this promo if you choose to access it from the web including obtaining periodic updates or upgrades from your mobile device service provider to continue accessing the web.
THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT WEB APP WILL BE COMPATIBLE OR FUNCTION WITH ANY PARTICULAR MOBILE DEVICE, NOR DOES THE COMPANY WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF THE MOBILE DEVICE USED TO ACCESS OUR WEB OR SMS/USSD APPLICATION.


Term and Termination

The term and condition of your use of this service commences when you clock in a transaction and accept these terms and conditions of use and will continue in effect for the duration of the service or otherwise stated


3.0 Other Intellectual Property Rights


Copyright Information and Non-Commercial Use Limitation

The service and its contents, features and functionality, processes including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (collectively, “content”), are owned by machinepush and its affiliates as guided by intellectual property or proprietary rights laws.

These terms and conditions of use permit you to use the service for your personal, use only. you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, recreate, store or transmit any of the content on the service and conditions of use and may violate copyright, trademark and other laws.


Trademarks

The company name, the company logo and all related names, logos, product and service names, designs, slogans and processes are trademarks of the company or its affiliates or licensors. you must not use such marks without the prior written permission of the company or try to replicate our technical & commercial processes for any reason whatsoever. all other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.


Changes to the Terms and Conditions of Use

We reserve the right to change these terms and conditions of use at any time without prior notice to you. if these terms and conditions of use are modified, we will update the “last modified date” and such changes will be effective upon posting. if we make what we determine to be material changes to these terms and conditions of use, we will notify you by prominently posting a notice or by sending a notice to the e-mail addresses on file. your continued use of the service following such material changes requires your affirmative consent to the changes. if you do not agree to the changes, your sole remedy is to cease using the service you are expected to check this page each time you access this service so you are aware of any changes, as they are binding on you.


Disclaimer of Warranties

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, USEFUL, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE INFORMATION IN THE SERVICE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION.


WARRANTIES THAT CANNOT BE EXCLUDED OR THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANYLIMITED UNDER APPLICABLE LAW.


Limitation on Liability

YOUR ACCESS TO AND USE OF THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO USE, THE SERVICE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF WINNINGS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE OR FOR ANY DAMAGES TO OR INTERFERENCE WITH EQUIPMENT, MOBILE DEVICES, PROGRAMS, FILES, OR OTHER PROPERTY, WHETHER SUCH DAMAGES ARE RELATED TO ACCESS OR USE OF THE SERVICE OR ANY SITES LINKED TO IT.


FURTHER, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR FAILURE OR DELAY IN PERFORMING AN OBLIGATION UNDER THESE TERMS AND CONDITIONS OF USE, INCLUDING BUT NOT LIMITED TO TR TICKETS OR COLLECTING CASHBACKS, IF IT IS PREVENTED FROM DOING SO BY CAUSES BEYOND ITS CONTROL SUCH AS A FORCE MAJEURE EVENT OR THE ACTIONS OF ANY REGULATORY COMMISSION OR ORGANIZATION, OR ANY FEDERAL, STATE OR LOCAL GOVERNMENTS.


EXCEPT AS PROVIDED OTHERWISE IN THESE TERMS AND CONDITIONS OF USE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH OR DAMAGE SUSTAINED IN CONNECTION WITH THE SERVICE OR THE CONTENT OFFERED THEREON IS TO STOP USING THE SERVICE. YOUR PERMISSION TO USE THE SERVICE MAY AUTOMATICALLY TERMINATE WITHOUT NOTICE AT THE COMPANY’S SOLE DISCRETION.


4.0 Indemnification


You agree to defend, indemnify and hold harmless the released parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms and conditions of use or your use of the service, including, but not limited to, any use of the service’s content and products other than as expressly authorized in these terms and conditions of use or your use of any information obtained from the service. if you are obligated to provide indemnification hereunder, the company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without the company’s written consent. if you are obligated to provide indemnification hereunder, the company may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.


5.0 Governing Law and Dispute Resolution


All matters relating to the company, the service, these terms and conditions of use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the federal republic of nigeria without giving effect to any choice or conflict of law provision or rule.


6.0 Limitation on Time to File Claims


Any cause of action or claim you may have arising out of or relating to these terms and conditions of use or the service must be commenced within 30days (30) after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.


7.0 Tax Obligation


You acknowledge that you are responsible to report your income and pay any taxes due to the appropriate federal, state and local authorities in the federal republic of nigeria and in the country you reside. you further acknowledge that the appropriate regulatory bodies may retain a portion of your winnings and forward it to the appropriate tax authority on your behalf.


8.0 Waiver and Severability


No waiver of by the company of any term or condition set forth in these terms and conditions of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.


If any provision of these terms and conditions of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions of use will continue in full force and effect.


9.0 Assignment


The company may assign its rights and obligations under this agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. upon such assignment, the company may be relieved of any further obligation hereunder. you may not assign or delegate any rights or obligations under these terms and conditions of use without the company’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.


10.0 Relationship of Parties


You acknowledge and agree that no joint venture, partnership, or employment relationship exists between you and the company as a result of this these terms and conditions of use or your use of the service. you agree not to hold yourself out as representative, agent, operator, distributor, or employee of the company and the company shall not be liable for any of your representations, acts, or omissions. you also acknowledge and agree that, except as otherwise expressly provided in these terms and conditions of use, there shall be no third-party beneficiaries.


11.0 Force Majeure


The company shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of god, natural catastrophes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of the internet or other networks (each, a “force majeure event”).


12.0 Bonus Administration


Every bonus earned can only be collected together with a cashback or giveaway , bonuses earned are accumulated till your next cashback , giveaway or mega millions cashout .


13.0 Dividend Administration


Only those who activate(d) the dividend program will be eligible for dividend administration, giveaway, interests free loan program or any other perk directly related to the dividend program of 9jaCashBack .


All dividend payouts will be distributed at the end of business year cycle on date to be communicated to all dividend rights holders.


Dividends rights can be transferred or sold only after approval by the management of 9jaCashBack at a transfer fee and sale value to be determined and updated by 9jaCashBack from time to time.


9jaCashBack dividend program does not confer its members any ownership rights to the 9jaCashBaack service, brand or any of its related components or processes.


14.0 Entire Agreement


These terms and conditions of use, our privacy policy and any applicable limited power of attorney constitute the sole and entire agreement between you and the company with respect to the service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the service. nothing in the terms and conditions of use, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.




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