USER AGREEMENT

1.* Upon payment of the specified fee, OnlineNaira agrees to provide you (the "End User") a service that enables the "End User" the right to use our service to send and receive credits if those said credits are available in your said account.

2. Disclaimer of Warranties and Limitation of Liability
OnlineNaira MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE SERVICE; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OnlineNaira DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. OnlineNaira SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN US AND THE END USER. OnlineNaira SHALL HAVE NO OBLIGATION TO PROVIDE THE SERVICE, AND SHALL HAVE NO LIABILITY TO THE END USER IN THE EVENT OnlineNaira IS UNABLE, AS MAY BE DETERMINED IN THE SOLE DISCRETION OF OnlineNaira: TO MAKE PAYMENT AND OR CHANGES IN METHODS OF PAYMENT OR OPERATION THAT CAN MAKE OUR SERVICE UNSUITABLE FOR THE END USER.

3. Effectiveness of Agreement
The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product or service (the "End User Agreement"), and the use of our Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.

4. General
Any and all claims or disputes relating to the Service shall be governed by the laws of Nigeria. For the purpose of resolving conflicts relating to the Service, and, in addition, the End User hereby consents to the jurisdiction of the federal and state courts in Nigeria. OnlineNaira may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User. In the event that your account is frozen, it will remain so for 180 days to clear against any chargebacks.

5. Buyer beware
OnlineNaira assumes absolutely no responsibility for any purchases made through the OnlineNaira system. At any time you join an Income Opportunity or MLM program, or "matrix site" you are doing so at your own risk and that by signing up and joining OnlineNaira you do hereby agree in FULL that you release OnlineNaira and all its affiliates and officers, employees and owners from ANY loss you may incur by signing up on one of the aforementioned type websites and or businesses, you completely indemnify us and agree that OnlineNaira will not be named by you or anyone that represents you in any actions, in ANY capacity against any of the aforementioned types of websites or businesses, if you have a disagreement with one of the aforementioned type businesses then you agree that it is STRICTLY between YOU and THAT BUSINESS, and OnlineNaira has no part in the dispute. And that by signing up for your account you agree that this is a contract, and that you FULLY and WILLINGLY AGREE to ALL CONDITIONS mentioned EVERYWHERE in this user agreement. We are a payment processor only and have no control of what these and other sites do or do not. We do not issue refunds if the product, service or program turns out not be what you thought it was, or if they don't hold up to their promises. You should thoroughly investigate any opportunity before making the decision to join - if it sounds too good to be true, it usually is.

It should also be noted that reversing the funding method used to fund your OnlineNaira account is considered fraud and will be prosecuted to the fullest extent allowable by law.

6. Restricted Activities
Your Information and your activities (including your payments and receipt of payments) through our Service shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; consist of providing yourself a cash advance from your credit card (or helping others to do so), violate OnlineNaira 's Acceptable Use Policy; infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography; contain any viruses, Trojan horses, worms, time bombs cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

7. Member Information
Your personal information shall not contradict other information about you that you provided to a third party while using OnlineNaira. We will write to you in the first instance to find out why the personal information you provide for the use of your OnlineNaira account is different to the one provided to a third party. Your account shall be considered fraudulent if you are unable to provide acceptable reasons and your account subsequently closed. Any monies in your account shall be frozen for 180 days in order to pay any charge-back that may come up as a result.

9. Third Party Payment Gateways
If you use a third party payment gateway to make a deposit into OnlineNaira or use a third party payment gateway to withdraw money from OnlineNaira, you shall be liable for any mistakes, chargebacks, account restrictions, account closures, payment delays, frozen funds or any other issues that may arise as a result of the use of the third party payment gateway. You indemnify OnlineNaira against any loss that may arise from your use of a third party payment gateway.

10. Fees
We charge fees for our services as set out on the fees page relating to the country in which you are registered with us as resident.

Quoted fees are inclusive of all applicable taxes; however, other taxes or costs may exist that are not paid through or imposed by us.

You are liable for telephone charges and any charges made by your internet service provider or similar or associated charges as a result of the use by you of our services.

We may deduct our fees from your OnlineNaira balance. We may deduct our transaction-related fees from the amounts we transfer before those funds are credited to your OnlineNaira balance.

We will provide you with the details of the amounts you receive and our fees charged in your transaction history (which you can access by logging into your account).

If your payment requires you to pay a fee to us, we may disclose that fee to you when you provide your payment instruction to us.

You cannot set off or deduct any amounts from our fees.

We may make a charge for any additional services we provide outside this user agreement. We will tell you of those charges when you ask for the service.

11. Closing Your OnlineNaira Account
You can close your account at any time. See the OnlineNaira FAQ for how to do this

We may close your account at our convenience by providing you with one months’ prior notice. We may also close your account at any time if:

  1. you are in breach of this user agreement and/or we are otherwise entitled to close your account under this user agreement;
  2. you do not access your account for three years; or
  3. we suspect that your account has been accessed without your authorisation.

Where we decide to close your account we will provide you with notice of account closure and where practicable, the reasons for closing your account, together with the ability to withdraw any undisputed funds that we are holding.

When your account is closed:

  1. this user agreement terminates immediately, except that this user agreement survives termination to the extent and for so long as we require to deal with the closure of your account and to comply with applicable laws and regulations;
  2. we may cancel any pending transactions and you will forfeit any balances associated with special funding arrangements;
  3. we may suspend, limit or terminate your access to or use of our services, websites, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf or some or all of the services;
  4. you will remain liable for all outstanding obligations under this user agreement related to your account prior to closure;
  5. we may keep your account information in our database for the purpose of fulfilling our legal obligations; and
  6. we may retain your electronic money after closure to the extent and for the time we reasonably require to protect us and/or any third party against the risk of reversals, fees, fines, penalties and other liabilities of whatever nature. After this time you will be able to withdraw any undisputed funds that we are holding. Please Contact Us if you have any questions about funds held in your account on closure.

If you are the legal representative of an incapacitated or deceased account holder, please Contact Us for assistance..

In the event that we decide to discontinue any of our services or any portion or feature of our services for any reason, we will give you at least 30 days’ prior notice before discontinuing the service or feature, unless we determine in good faith that:

  1. the service or feature must be discontinued sooner as required by law or a third-party relationship; or
  2. doing so could create a security risk or substantial economic or material technical burden.

12. Holding and Using OnlineNaira Balance

You will not receive interest or any other earnings on the money in your account. This is because the money in your account is electronic money and the law forbids paying interest on electronic money. Also, electronic money is not a deposit or an investment.

We may store and move the money in your account in and between:

  1. the OnlineNaira balance; and
  2. the reserve account,

at any given time subject further to this user agreement.

OnlineNaira balance
The operational part of your account contains your OnlineNaira balance, which is the balance of money available for payments or withdrawals. When you use our payment service to pay another user, you instruct us to transfer the money from your OnlineNaira balance to the recipient’s account. You need to have enough OnlineNaira balance in cleared funds to cover the amount of any payment you make and the transaction fees you owe us at the time of the payment. Other requirements also apply. When you withdraw your money you need to have enough OnlineNaira balance to cover the value of any withdrawal at the time of the withdrawal. If your OnlineNaira balance shows a negative amount, this is the net amount you owe to us at the given time.

Reserve account
Money marked in your account overview as “pending”, “uncleared”, “held” or otherwise restricted or limited at any given time is held in the part of your account which acts as a reserve account. You cannot access and use money stored in the reserve account.

13. Adding Money

To get electronic money into your account you can, subject further to this user agreement:

  1. accept a payment in your account from someone else. We may charge you fees for this; or
  2. obtain electronic money from us by paying us an equivalent amount.

You can obtain electronic money from us by:

  1. automatically using your applicable funding source(s) to cover the amount of the payments that you instruct us to send to other users (and the transaction fees payable by you to us).; or
  2. manually using the “Add Funds” function available from your account interface to pay us or instructing us to charge your funding source for the electronic money.

The execution of any payment to us from your funding source provider is your funding source provider’s legal responsibility. We have no control over how long the payment to us will take.

14. Withdrawing Money

If you have OnlineNaira balance, you may withdraw any amount by transferring it to your nominated funding source linked to your OnlineNaira account, as we may allow from time to time. This could include your bank account, mobile money account, debit card, cryptocurrency or other payment gateway depending on the country in which your OnlineNaira account is registered.

When you instruct us to withdraw any amount of your OnlineNaira balance, subject further to this user agreement we will:

  1. convert the electronic money to money that we can transfer to your nominated funding source; and
  2. instruct our own bank to transfer that money to your nominated funding source.

We aim to send the withdrawal payment instruction to our bank by the end of the next Business Day (“Business Day” means a day on which banks are open to the general public). if there are no other delays subject to this user agreement. Once our bank receives our payment instruction, we have no control over how long the payment to you will take to complete. At this point, our bank, your funding source provider and the payment systems that they rely on take over responsibility for getting the money to your nominated funding source and this can affect the time it takes for you to receive your money. We may allow you to withdraw the money by transferring the money to an eligible bank account (where we make this available) through a standard transfer to your bank account linked to your account (this withdrawal/redemption functionality is sometimes known as “transfer to bank”).

Fees apply to withdrawals. We will also disclose to you the fees in advance each time you initiate such a withdrawal.

To protect you, our other users and us from loss and to allow us to comply with our anti-money laundering and other legal obligations, we may delay a withdrawal, in certain situations, including if we need to confirm that you have authorised the withdrawal or if payments to your OnlineNaira account have been subject to a reversal (for example, as a result of a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your OnlineNaira account, a payment is subject to a hold, or your account or an associated account has a negative balance in any currency while a withdrawal from your OnlineNaira account is pending, you will have to reinitiate the withdrawal once the limitation or hold has been lifted, or negative balance is fully paid off.

We may set limits on your withdrawals, and you can view any withdrawal limit by logging into your OnlineNaira account. You must follow the steps that we will notify to you or publish from time to time (which we may set out in your account overview) to lift your withdrawal limit.

15. Receiving Payments
OnlineNaira may allow anybody (with or without an account) to make a payment resulting in the issuance or transfer of electronic money to your account.

By integrating into your online checkout/platform any functionality intended to enable a payer without OnlineNaira account to send a payment to your OnlineNaira account, you agree to all further terms of use of that functionality which OnlineNaira will make available to you on any page on the OnlineNaira website including any page for developers or other online platforms.

The receipt of a payment into your account does not equate to the receipt of cleared funds and a notification that a payment has been sent to you does not amount to a receipt of electronic money in your account.

We may allow you to accept payments in any currency supported by our Service from time to time.

Where you (instead of OnlineNaira) offer the payer at the point of sale a currency conversion of an amount you receive through OnlineNaira, you will inform the buyer of the exchange rate and any charges that will be applied to the payment transaction. OnlineNaira has no liability to any buyer if you fail to inform the buyer of the exchange rate and charges. You acknowledge that if you fail to disclose the exchange rate and charges to the buyer this may constitute a criminal offence by you.

Any payment sent to you may be subject to a reversal, payment review, limitation, reserve or hold as allowed under this user agreement.

16. Receiving limits
We may, at our discretion, impose limits on the amount and value of payments you can receive, including money you receive for purchases. To lift your receiving limit, you must follow the steps that we will notify to you or publish from time to time (which we may set out in your account overview).

17. Taxes and Information Reporting
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. If delivery charges are included in the payment, it is your responsibility to apply delivery charges to the payment you send or receive. We are not responsible for determining whether any taxes or delivery fees apply to your transaction, or for calculating, collecting, reporting or remitting taxes delivery arising from any transaction. As an online bank service provider no sales tax applies to OnlineNaira services.

18. Your refund policy and privacy policy
You must publish a refunds and return policy, as well as a privacy policy.

19. Premium Sellers
OnlineNaira allow users with a Premium Seller Status to accept payments without requiring customers to sign-up with OnlineNaira. In the event that you allow your customers to send money to you through OnlineNaira and without an account sign-up with OnlineNaira, you also agree:



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