Privacy Policy and Terms Of Use

Effective Date: May 17, 2012



Privacy Policy


This Privacy Notice is addressed to users of MiMo, which includes a digital wallet. This Notice explains how we collect, use, and safeguard information about you and how to limit the use and disclosure of your information that you submit to us on www.mimo.com.ng. In this Notice, “MiMo Payment Services LTD” “we,” “our,” and “us” refer to MiMo Payment Services LTD. (the operator of MiMo). The account that we create for MiMo is called a “MiMo Account.” Customers of MiMo are called “User(s)” or “you(r).”

What Information Do We Collect?

We obtain information about you from a variety of sources. You provide us with information about yourself, for example, through your account registration and when using MiMo. This includes your name, email address, date of birth, telephone number, address, government identification number, bank account, and debit card account information. Your use of MiMo and your other transactions with us and provide us with additional information, such as your spending and payment history. Other sources, such as credit reporting agencies, providers of marketing information, and financial institutions such as a bank you use to transfer funds into or out of your MiMo Account furnish us with additional information about your credit history, purchasing preferences, and other matters. We also obtain information about you in connection with our efforts to protect against fraud. We call all of this information “User Information.”

What Do We Do With User Information?

We use User Information in connection with delivering products and services to you. To do this it is often necessary to share it with our Banking partners and other companies we work with. These include companies that manage MiMo, offer affinity, frequent-user, and reward programs, companies that perform identity and linked bank or debit account verification services, an email service provider to send out emails on our behalf, a third party to assist us in providing customer support and a hosting service to serve our Web site. When you sign up for our services, we will share your personal information only as necessary for the third party to provide that service, and other business operations for us, and companies whose products or services are provided as a benefit of MiMo. We may also share User Information with other financial institutions with whom we jointly offer products and services. If we use your personal information to send you promotional emails and you wish to no longer receive them you may follow the unsubscribe instructions contained in each email you receive. And we may disclose it to other third parties as permitted by law. For example, we disclose User Information in response to subpoenas and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site, to credit reporting agencies, and to help prevent fraud. If you make this choice, we are permitted by law to share with our Affiliates information about our transactions and experiences with you, such as your transaction history.

In the event MiMo Payment Services LTD goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and we will post a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.

We will share your personal information with third parties only in the ways that are described in this privacy statement.

Valuable Partner Offers

We work with carefully selected business partners, such as merchants that allow you to transact using MiMo, so that you may receive offers for their products and services. We use User Information to help make these offers more relevant and valuable to you. If you respond to one of these offers, the business partner will know certain information about you, such as your name, that you are a User, and that you met the qualifications established for the offer. You can inform us not to send you these offers.

Personal Information Collect About Others

When you choose to send money to another individual or request payment through MiMo we will ask for information about the individual to whom you are interacting with such as email address or phone number. MiMo Payment Services LTD stores this information for the sole purpose of processing this transaction

The individual whose information you provide may contact us at help@mimo.com.ng to request that we remove this information from our database if they do not currently have a MiMo account

Access To Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete/deactivate it by making the change in your member information page or by emailing our Customer Support at help@mimo.com.ng We will respond to your request to access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Information Security

We use reasonable administrative, technical and physical security measures to protect your User Information. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at help@mimo.com.ng

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We [do not] link the information we store in cookies to any personally identifiable information you submit while on our site.

We use [both] session ID cookies [and/or] persistent cookies. [We use session cookies to make it easier for you to navigate our site]. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.

If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.

Log Files

As is true of most Web sites, we use a third party tracking-utility partner to gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

Links To Third Party Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of MiMo Payment Services LTD. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Notification Of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us at help@mimo.com.ng or via postal mail at 21A Olosa Street, Victoria Island, Lagos 101241

Former Customers

If you cancel your MiMo Account, or your MiMo Account is suspended, we will continue to treat and safeguard User Information about you as described in this Notice.








Terms Of Use


This MiMo User Agreement (“Agreement”) contains the terms and conditions that apply to the Service. It is a contract between you and us, and by registering for or being authorized to use the Service (“MiMo User”), or by becoming a MiMo Sub-Account User, you agree to be bound by the terms and conditions of this Agreement including all agreements and policies referenced in this Agreement. “You” and “your” refer to the individual who opens the MiMo Account or is authorized to use the MiMo Account, MiMo Card, a co-branded MiMo Card or where applicable MiMo Sub-Account or Sub-Account MiMo Card. “We”, “us” or “our” refers, as appropriate to MiMo Payment Services LTD Nigeria Limited (MiMo Payment Services LTD), and where applicable, their successors, assigns or service providers. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Service. Read this Agreement (and any future amendments) carefully and print and retain a copy for your records. In addition to certain capitalized terms defined elsewhere in this Agreement, the defined terms set forth in Section 20 shall apply to this Agreement.

To the extent allowed by Applicable Law, we may amend this Agreement from time to time by posting an updated Agreement on the MiMo Site. Your continued use of the Service after such posting constitutes your acceptance of the terms and conditions of the updated Agreement. If you do not accept an amendment made to this Agreement, your sole and exclusive remedy is to close your Account, or if you are a Sub-Account User you may close your Sub-Account, not use the Service, Sub-Account or Sub-Account MiMo Card and ask the Accountholder who opened the Sub-Account to close it.

1. Our Role.

a. Service Provider.

The Service allows you to establish a MiMo Account (“Account”) to facilitate payment transactions using electronic payment networks. Individuals may also receive a MiMo Card or a MiMo Card branded with the MiMo logo and that of a partner (“Card”) which may be used to conduct certain transactions through the Service after the Card is activated. Where a MiMo Sub-Account has been opened, certain transactions may also be conducted through the Sub-Account or a Sub-Account MiMo Card. When you use the Service, you are authorizing us to act as your agent only with respect to holding, sending, or receiving funds. For all other purposes of this Agreement, we are an independent contractor.


b. Liability for Goods or Services Paid for Using the Service.

Except as required by Applicable Law, we are not responsible for and do not have any liability for any goods or services purchased or paid for through the Service, including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations. If a problem arises with the product or service you purchased from a third party (e.g., a merchant), or if another User does not send funds you requested or are owed, you need to resolve your issue directly with the third party or other User.


c. Returning Merchandise

If you wish to return any merchandise purchased with an Account, Card, Sub-Account or Sub-Account MiMo Card, you will be subject to the Merchant’s return policies. If the Merchant agrees to issue a credit to the Account, Card, Sub-Account or Sub-Account MiMo Card such funds may not be available for use for seven (7) days or longer. If you return merchandise that when originally purchased was subject to an offer or other promotion that resulted in a credit to your Account, any return of such merchandise will result in the promotional credits being deducted from your Account.

2. Eligibility.

You must be at least eighteen (18) years of age (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)), reside in Nigeria in order to register for the Service and open an Account. As described in the section on Sub-Accounts below, under certain circumstances Sub-Account Users may qualify for a Sub-Account if they are thirteen (13) years of age or older.

3. Registration.

a. Establishing an Account.

To open an Account, you must register for the Service and establish an Account online at www.mimo.com.ng or through the MiMo Mobile Application. Individuals who establish an Account and satisfy the necessary verification requirements will be sent a Card(s) linked to the Account, which can be activated by contacting us as instructed on the Card and providing the required information or by logging in to your account on www.mimo.com.ng. Transactions conducted using a Card will be funded from the linked Account or as otherwise provided in this Agreement. If a Sub-Account is established by an Accountholder, the Sub-Account Users will be issued a Sub-Account MiMo Card, which will also require activation. Transactions conducted using a Sub-Account or Sub-Account MiMo Card will be funded from the Sub-Account or as otherwise provided in this Agreement.


b. Personal Identification Number and Password.

When you register for the Service, you will select a personal identification number (“PIN”) that may be used to access the Service and authorize transactions, as well as a password and a security question and answer. You must keep your PIN and password confidential and not disclose them to others. You should not write or keep your PIN or password with information regarding your Account or Card, or if you have a Sub-Account you should not write or keep your PIN or password with information regarding your Sub-Account or Sub-Account MiMo Card.

WARNING: If you believe that anyone has accessed your PIN or password without your authorization, you should INFORM US immediately and change your PIN and/or password immediately to avoid unauthorized use of your Account or Sub-Account, Card or Sub-Account MiMo Card. Follow the procedures set forth in Section 14. If you lose or cannot remember your PIN, you will need to change it online at the MiMo Site.


c. Verification Requests.

You agree to cooperate with all requests made by us, or third parties on our behalf, to identify you, authenticate your identity or validate your funding sources or transactions. To the extent allowed by Applicable Law, you agree that we may make any credit, employment and investigative inquiries or reports as we deem appropriate in connection with the opening, issuance, funding, loading, reloading, review, suspension or termination of your Account, or any applicant to be a User whether for fraud, misuse, or otherwise. These inquiries may include inquiries to Banks and other security agencies.

d. Authorized Users.

You will be liable for all transactions arising from use of your Account by an Authorized User. If you permit another person or entity to use your account to withdraw money from or send money to your Account you will be responsible for any transactions made and any fees incurred by such person or entity.


4. Sending Money And Making Payments.


a. Send Money Transaction Limits.

You may use the Service to send money or make a payment to another User, third party or merchant (“Send Money”), subject to the Send Money transaction limits we set for your Account, payment of any fees that may apply to your transaction, and the terms and conditions of this Agreement. We reserve the right, subject to Applicable Law, to change the amount of your Send Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and/or limit, suspend or block your transfers to particular persons, entities or recipients in our sole discretion.


b. Adding money to your account.

When you Send Money or make a payment or purchase using the Service, we will conduct the transaction through your Account using your Available balance in your Account. If you do not have sufficient Available Funds to cover the full amount, we will notify you to add funds to your Account (and then complete your transaction) by debiting, withdrawing or charging, as applicable, funds from the following funding sources (“Payment Funding Source(s)”), subject to availability of funds and the permissions you set (such as the Naira limit you may set for this type of action), in the order listed below, unless you have set up your Account to block or limit a particular Payment Funding Source:
(1) Balance available in your Account
(2) Debit card issued by a Nigerian Financial Institution

c. Authorizations.

Each time you initiate or accept a transfer through the Service, you authorize us to debit or credit the relevant accounts on your behalf in accordance with your instructions and the terms of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees), to correct any errors in the transfer, and, in our sole discretion, to resubmit any transfer that is rejected by a financial institution that holds the Funding Source(s), to the extent permitted by Applicable Law. You also authorize us to debit your Account, or as applicable if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers must comply with Applicable Law.


d. Refused and Returned Transactions.

In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure. We will return to your Available Funds any Send Money transaction that has not been accepted by the recipient in accordance with the terms of this Agreement within seven (7) days after the date we initiated the payment to the recipient. Notwithstanding the foregoing, in the event the recipient informs us they are rejecting your Send Money transaction then we will return such amount to your Available Funds within three (3) business days.


e. Send Money Transactions to Non-Registered Users.

If you initiate a Send Money transaction (a “P2P” transaction), using the Service to a person who is not a registered User, a hold will be placed on the Available Funds in your Account or Sub-Account equal to the face value of the initiated transfer and any applicable fees. Provided the person to whom you are trying to transfer funds has not opted out of receiving email communications from us, we will attempt to notify the person via email about the process to become a registered User and claim the funds. If the person becomes a registered User within seven (7) days after you initiate the transfer, then the funds will be transferred to the person’s Account or, as applicable, Sub-Account, and made available to the person in accordance with the terms of this Agreement. If the person does not become a registered User within such seven (7) day period, or if you notify us not to send the funds before the person becomes a registered User, we will return the funds to your Account or, if applicable, Sub-Account, within three (3) business days.


f. Making Contributions.

You may also use your Account or, as applicable, debit card to make contributions to select charities via a MiMo Non-Profit Account. All contributions made through the MiMo Non-Profit Account will be sent directly to the applicable charity. The applicable charity will pay all credit card fees and MiMo transaction charges, and all such charges are deducted from the contributions before they are remitted to the charity. Contributions are irrevocable and will not be refunded. All contributions will be made in Naira.

g. Recurring Payments from Your Account.

(1) Subject to the Send Money transaction limits on your Account, you may pre-authorize recurring transfers from your Account to third parties. We shall have no liability in the event we cannot complete a recurring transfer from your Account due to insufficient funds in your Account or the payment to the other account is blocked for any reason. Pre-authorized recurring transfers from your Account are subject to the following: Stop Payment Rights. If you have told us in advance to make recurring payments out of your Account or Sub-Account, you can stop any of these payments by logging into your Account and cancelling the transaction in question, calling us customer (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to deliver a written stop payment request to us within fourteen (14) days after you call. If you cancel a recurring payment to a third party, you may still be liable for the payment to that party and be required to pay that party through alternative means. (3) Liability for Failure to Stop Payment of Pre-authorized Transfer. If you order us to stop a preauthorized recurring payment three (3) business days or more before the scheduled transfer date, and we do not do so, we will be liable for your losses or damages if we are unsuccessful in reversing or otherwise correcting the transaction or your Account or Sub-Account.


h. Accuracy of Information.

You are responsible for the accuracy of all information you provide about each Send Money transaction you initiate, including the identifying information of the recipient and the amount of the transaction.

5. Receiving Money And Funding Your Account.

a. Receive Money Transaction Limits.

You may use the Service to receive funds from another account you own or another User (“Receive Money”), subject to the Receive Money transaction limits we set for your Account, subject to payment of any fees that may apply to your transaction and the terms and conditions of this Agreement. If a Receive Money transaction is subject to a fee as set forth in Section 10 and you are responsible for it, we will automatically deduct any applicable fee from the funds sent to you and credited to your Account. To the extent allowed by Applicable Law, we reserve the right to change the amount of your Receive Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and limit, suspend or block transfers from particular persons or entities or other Users in our sole discretion.


b. Payment Funding Sources for Adding Funds to an Account.

You may load funds to your Account from any of the following sources (each, a “Payment Funding Source”) to the extent they have Available Funds:


(1) Bank Account.

i. ACH Authorization and Agreement.

You may add funds to your Account by linking an eligible checking or savings account (“Bank Account”) held by you at a financial institution in Nigeria. and transferring funds from your linked Bank Account to your Account by means of an Automated Clearing House (“ACH”) transaction. By linking a Bank Account, you represent that you are the owner of the Bank Account and, if there are additional owners, you are authorized by them to withdraw or add funds and take all other actions required or permitted by this Agreement. If you choose to link a Bank Account, please note that the financial institution holding the account will have limits on transactions that may be performed using a savings account and may also have limits on transactions that may be performed using a current account. You should review your account agreement with the bank that holds your Bank Account to determine any applicable limitations it will impose on the use of your Bank Account.

By supplying your Bank Account number(s) to us via the MiMo Site in connection with your election to make payments on or load funds to your Account through a Bank Account, you provide this ACH Authorization and Agreement and certify and agree as follows: (i)You are the owner of the Bank Accounts whose number(s) you have supplied and designated as a Payment Funding Source for your Account, such Bank Account(s) is/are a consumer account(s) and you are authorized to make withdrawals from it and credits to it without the approval or participation of anyone else; (ii) You authorize us to initiate credit or debit entries to your Bank Account(s) from time to time until your Account is closed and no further credits or debits are authorized or permitted under this Agreement; and (iii) where you have instructed us to make recurring preauthorized electronic fund payments or transfers, and we have knowledge that the amount of an upcoming transaction varies from the prior transaction, unless agreed otherwise, you acknowledge that you have the right to receive at least ten (10) days’ prior notice of the amount and date of each pre-authorized transfer we initiate from your linked Bank Account(s) that varies in amount from the previous transfer, but you choose to only receive notice when such transfer differs from the most recent transfer by more than four percent (4%). For example, if you instruct us to schedule a recurring payment of a bill to a particular merchant once a month, and the first payment is ₦1000, and we learn the transfer in the following month will be more than ₦1400, we will provide you with notice of the varying amount at least ten days’ in advance of conducting that transaction. Where you have instructed the merchant to obtain such amount from your Account on a preauthorized basis, the merchant must provide you with such notice.

You acknowledge and agree that (i) the origination of ACH transactions to and from your Account must comply with the provisions of the law, and (ii) you will receive at the primary email address of record you have provided via the MiMo Site any required notices of variations in the amount or timing of debits or credits to your linked Bank Account(s).

Your ACH Authorization and Agreement is a continuing one that will remain in full force and effect until you cancel this Authorization and Agreement by removing your linked Bank Account(s) via your Account Profile on the MiMo Site or by calling Customer Service. You agree to do so in time for us to have a reasonable opportunity to act on your cancellation and you understand that you may only give notice of cancellation of this ACH Authorization and Agreement by removing your linked Bank Account(s) via your Account Profile on the MiMo Site or by calling Customer Service, and failure to do so will void your notice of cancellation.

You authorize us to date this ACH Authorization and Agreement as of the date you submit your Bank Account number(s) and you agree to print and save a copy of this ACH Authorization and Agreement.


ii. Account Verification.

When you provide us with your checking or savings account information, we may verify your authority and/or access to the account you identify. Subject to availability, there are two account verification options available to choose from when you choose to link a checking or savings account: challenge deposits and Instant Account Verification. In the challenge deposit option, we will make a deposits to the current or savings account your provide us with. After receiving these deposits, you will need to log into your Account and verify the amounts of these deposits.

Note: It may take three (3) to five (5) business days for available funds added by ACH to appear in your Account. We will credit your Account with an ACH preauthorized deposit on the business day we receive the payment.

(2) Debit Card.

You may also add funds to your Account by using a valid debit card issued in your name to your Account. The debit card must be issued by a financial institution in Nigeria. In addition, you may not use a debit card that belongs to another user.

c. Recurring Payments to Your Account.

Subject to the Receive Money transaction limits on your Account and the terms and conditions in this Agreement, you may pre-authorize recurring transfers to your Account. Pre-authorized recurring transfers to your Account are subject to the following:

(1) If you instruct a third party to send pre-authorized transfers to your Account or take preauthorized transfers from your Account at least once every sixty (60) days, the person or company making the transfer must notify you if the transfer does not occur. The person or company making the transfer is also required by law to notify you every time the person or company sends us funds on your behalf. You may also check your Account to see if the funds have been transferred to or from your Account. Except as required by Applicable Law, funds transferred to your Account from a Payment Funding Source may not be immediately available and are subject to such restrictions and limitations as set forth in this Agreement, including but not limited to all applicable fees and transaction limits on your Account.

(2) You may establish automatic funding options on your Account. If you choose an automatic funding option, each time your Account balance reaches the threshold you set, we will automatically transfer funds (assuming there are Available Funds in the Payment Funding Source you select) in the amount you establish into your Account from the Payment Funding Source selected to perform this automatic funding function. Except as otherwise required by Applicable Law, funds transferred on the automatic funding option may not be immediately available and are subject to such restrictions and limitations as set forth in this Agreement, including but not limited to all applicable fees and transaction limits on your Account.


6. MiMo Mobile.

MiMo Mobile is a feature of the Service that allows you to use your mobile phone to send and receive payments through the Service. MiMo Mobile may not be available on all mobile devices, and not all functionalities of the Service are available on mobile devices or through the MiMo Mobile application. MiMo Mobile is subject to the Send and Receive Money transaction limits set for your Account, as well as applicable fees. If you use MiMo Mobile, you are solely responsible for any fees that your phone service provider or other third party charges, such as fees for SMS or data services. Your phone service provider is not the provider of MiMo Mobile or the Service, and we are not responsible for the hardware and/or device you use in downloading and using the MiMo Mobile application
 

7. Account Balances.

a. Available Funds and Total Balance.

Your Account has two types of balances: an available balance (“Available Funds”) and a total balance (“Total Balance”). Available Funds are limited to the funds that have been loaded or received into your Account or, as applicable, Sub-Account, that are not subject to holds, disputes, etc.; they represent funds that you can use and conduct transactions with and are fully available to you. Your Total Balance represents the total of all funds in your Account , including incoming or outgoing funds or transactions that are pending and subject to settlement. For example, when you load funds into your Account from a linked Bank Account, the transaction is “pending” until the funds are received by us from your Bank Account and credited to your Account. Available Funds and Total Balance amounts may not always be the same.

A transaction will be listed in your Account , as “completed” when you receive credit or, where applicable, a withdrawal or send amount of a transaction you requested has been debited and is performed. A transaction will be listed as “cancelled” if it cannot be completed as requested or if you or the other party with whom you attempted to engage in a transaction failed or refused to proceed with the transaction. A transaction will be listed as “funding” if you requested money from another User and he or she has accepted your request but is in the process of adding funds his or her Account to complete the transaction with you.

Your Available Funds will decrease each time you use your Account or Sub-Account to transfer funds to another account or Sub-Account or make withdrawals or payments and each time a fee is charged to your Account. You authorize us to reduce the Available Funds in your Account by the amount of each transaction, any preauthorization or authorization request, and any applicable fees or charges. You are not allowed to exceed the Available Funds in your Account or Sub-Account through an individual transaction or a series of transactions. You may increase the Available Funds in your Account through a receipt of funds from another User, the eligible Payment Funding Sources, and where you have chosen to have it, Back-Up Funding. However, in the event a transaction occurs that exceeds the Available Funds in your Account and you do not have another Payment Funding Source available and eligible to fund your Account with sufficient Available Funds to allow you to complete the transaction, we may in our sole discretion decline the transaction, or, if it occurs, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.


b. Not a Demand Deposit Account.

When you sign up for the Service, you do not get a demand deposit bank account, or a current, debit card, credit card, or savings account with us or with any bank partner. You receive a prepaid access Account that allows you to send and receive funds through the Service. At our discretion, we may hold multiple Accounts or Sub-Accounts in a “pooled account” at a bank. We will hold and move funds in accordance with Applicable Law.

c. No Interest Payments; Security Interest; and Set Off.

You will not receive interest or any other earnings on funds in your Account and you agree that any interest that may be earned on funds in your Account belongs to us. We will hold the funds in your Account or Sub-Account separate from our corporate funds, will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You grant us a security interest in and a lien upon any funds you send or receive through the Service to allow us to set off or deduct any amounts owed to us against those funds in the event you have a negative balance or otherwise fail to uphold the terms of this Agreement.

9. Closing Your Account.

If you would like to close your Account call us customer service. You may also close your Account online at the MiMo Site. Upon closure of your Account we will use reasonable efforts to cancel all pending transactions (subject to Applicable Law) and send you a final closing transaction statement for your Account. After the closure of your Account, the transaction history will no longer be available online, and you will need to request a paper statement from us if you wish to review your transaction history. If you choose to close your Account, you can elect during the cancellation process to send the remaining balance in your Account via ACH to a valid Nigerian Bank Account or have a check made payable to you mailed to the last postal address of record we have for you. You may not cancel your Account or Sub-Account to evade an investigation or a disputed transaction(s). If you attempt to cancel your Account or Sub-Account while we are conducting an investigation, subject to Applicable Law we may hold your funds for up to thirty (30) days or longer to protect us or a third party against the risks of payment reversals, chargebacks, claims, fees, fines, penalties, and other liability. You will remain liable for all obligations related to your Account even after its closure, cancellation or termination.

10. Fees.

a. Schedule of Services and Fees. All fees are in Naira and remain subject to change in our discretion and where notice is provided as required by Applicable Law.

b. Types of Transactions.

(1) Personal Send Money Transaction.

A Personal Send Money Transaction involves an individual who sends money to another individual (such as a friend, a relative, or a colleague) that is NOT in connection with a purchase of goods or services or payment of a debt or amount owed to another. An example of a Personal Send Money Transaction is your parents sending your allowance. Any payment to a merchant, business, or any type of commercial entity is not a “Personal Send Money Transaction”. When you conduct a Personal Send Money Transaction and sufficient Available Funds are already in the Account at the time the transaction is requested, then no fee is imposed; however, if additional funds need to be loaded to the Account in order to have sufficient Available Funds to initiate the transaction, then Funding Fees, as disclosed in this Agreement, may apply. In a Personal Send Money Transaction, if a fee applies you (as the Sender) may elect to assign and transfer the applicable fee to the recipient of your Personal Send Money Transaction. If you choose to assign and transfer such a fee, the applicable fee will be deducted from the funds to be sent to and received by the recipient. You should discuss any such fee assignment with your recipient prior to sending your transaction to avoid a cancellation or other refusal of the transaction.

(2) Personal Receive Money Transaction.

A Personal Receive Money Transaction involves receiving money from another individual (such as a friend, a relative, or a colleague) that is NOT in connection with a purchase of goods or services or payment of a debt or amount owed to another. An example of a Personal Receive Money Transaction is receiving your allowance from your parents. Any payment received by a merchant, business, or any type of commercial entity or any payment received in connection with the sale of goods or services or receipt of a payment on a debt or amount owed is not a “Personal Receive Money Transaction”. In a Personal Receive Money Transaction the User initiating the transaction may assign to you as the recipient of the transaction, any applicable fee or he or she incurs with conducting the transaction. If a fee applies, it will be deducted from the funds you receive from the sender. You should discuss any fee assignment with your sender prior to conducting or accepting the transaction.

(3) Purchase Send Money Transaction.

A Purchase Send Money Transaction involves any transaction in which an individual in a consumer capacity sends money to another individual or an entity through the MiMo Site (an online transaction) or a mobile application: (a) for the purchase of goods or services; (b) to make a contribution to a charity or non-profit; or (c) as a payment to a business, merchant or not-for-profit entity. When you conduct a Purchase Send Money Transaction from your Account the recipient will pay the Purchase Receive Money fee (although you will be responsible for any applicable Funding Fee, if any, as usual).

(4) Purchase Receive Money Transaction.

A Purchase Receive Money Transaction involves any transaction in which an individual receives money from another individual or entity through the MiMo Site (an online transaction) or a mobile application: (a) in payment for the sale of goods or services; (b) a payment conducted through a MiMo to a Non-Profit organisation. When you receive a Purchase Receive Money Transaction, you will pay the Purchase Receive Money Fee, as you are the recipient of the payment.

11. Restricted Activities.

a. Restricted Activities.

(1) Your Account is non-transferable and may be used only by you or an Authorized User as provided in this Agreement. In addition, in using or accessing the Service, the MiMo Site, your Account you agree that you will not breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us; (2) Violate any Applicable Law; (3) Use the Service or your Account to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services, and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; (4) Use the Service to engage in or in furtherance of debt collection activities; (5) Provide false, inaccurate, or misleading information; (6) Send messages through the Service which would be deemed abusive, harassing, offensive, obscene, racist, libelous or threatening in nature; (7) Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (8) Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights; (9) Use any robot, spider, other automatic device, or manual process to monitor or copy the MiMo Site; (10) Use the Service in a manner that results in or may result in complaints or disputes; (11) Use your Account or the Service in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law; (12) Allow your Account to have a negative balance.

If your Account is used to conduct (or to attempt to conduct) transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, suspend, or limit your Account and/or your access to the Service.

b. Negative Balance.

You do not have the right to make transactions in amounts that exceed the Available Funds balance that is in your Account. If you are eligible for and have chosen to have Back-Up Funding on your Account, and you do not have sufficient Available Funds in your Account at the time you initiate the transaction, then we will attempt to load funds to your Account from your eligible Payment Funding Source (or, where applicable, a combination of Payment Funding Sources), in an amount sufficient to cover the cost of the transaction and any applicable fees. If such load(s) is successful and the newly loaded funds qualify as Available Funds in your Account (which may occur at or near the time of the transaction), then the transaction may be able to be successfully completed. Although we will attempt to do such loads where you have chosen Back-Up Funding, it is possible the transaction will still be declined, and you agree we have no responsibility in the event the transaction is declined where you did not have sufficient Available Funds in the Account to cover the transaction and any applicable fees at the time you initiated the transaction. If, for any reason, a transaction is processed for more than the Available Funds in your Account, you are liable for that entire amount and agree to pay such negative balance to us immediately on demand. We reserve the right to automatically debit such negative balance from any linked Payment Funding Source.

12. Your Liability.

a. Returned or Reversed Payments, Loads and/or Chargebacks.

You are responsible for all returned or reversed payments, chargebacks, claims, fines, penalties and other liability incurred by us, any other User(s), or a third party caused by or arising out of your breach of this Agreement and/or your use of the Service. You agree to reimburse us, our affiliates, our third-party service providers and any other User(s) for any and all such liability.

If a payment you receive in your Account or a load of funds added to your Account is subject to a claim, reversed, or otherwise charged back or returned for any reason whatsoever, you agree that we may, in our sole discretion, conduct an inquiry into the transaction, and you agree to submit any documentation we may reasonably request regarding the transaction in your possession (to the extent permitted by Applicable Law). If we determine in our sole discretion that the subject transaction is to be properly reversed and charged back, you agree that we may immediately remove such amounts from the balance in your Account, or where applicable Sub-Account. If you do not have a balance in your Account, or, as applicable, that is sufficient to cover your liability, your Account or, as applicable, will have a negative balance, and you will be required to immediately add funds to your Account to eliminate the negative balance. If you do not do so, we may engage in efforts to recover such amounts from you, such as collecting the amount of your negative balance (along with any applicable fees) from any one or more of your linked Payment Funding Sources.

b. Taxes.

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and amounts you need to collect, report, or remit to the appropriate tax authority.

13. Erroneous Transactions Or Questions About Transactions.

Contact us as soon as you can if you think your periodic statement or receipt is incorrect or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than sixty (60) days after we made available the FIRST statement (online at the MiMo Site) on which the problem or error appeared. When notifying us, you must: (a) tell us your name, address, and Account number; (b) describe the error or the transaction you are unsure about and explain why you believe it is an error or why you need more information; and (c) tell us the amount of the suspected error.

If you contact us by phone, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If, however, we need more time, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error so that you will have the use of the funds during the time it takes us to complete the investigation. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account during the time it takes us to complete the investigation. For errors involving new accounts, point-of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or questions. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results of our investigation within three (3) business days after completion, and we will correct any error promptly. If we decide that no error occurred, we will send you a written explanation. You may request copies of the documents that we used in our investigation.

ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR ACCOUNT INVOLVING TRANSFERS FROM YOUR BANK ACCOUNT TO FUND YOUR ACCOUNT MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT; for such transactions, we are responsible for the MiMo Service and for resolving any errors involving transactions made with Account. MiMo transactions involving debits to your Bank Account will appear on the statements issued by your bank. You should check your MiMo receipts and statement against the Bank Account statement you receive from your bank. If you have any questions about one of these transactions, call or write us as at the number or address given above.

14. Unauthorized Transactions.

Tell us AT ONCE if you believe someone has transferred or may transfer funds from your Account without your permission or if you believe your password or PIN has been stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account. Telephoning us is the best way of keeping your possible losses down, but you may also contact us online at the MiMo Site. You may be liable for unauthorized use of your Account. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use.

Also, if your online statement lists transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement is made available to you, you may not get back any money you lost after the sixty (60) day period if we can prove that we could have stopped someone from taking the money if you had told us within such period. If you cannot notify us within such period due to a good reason (such as a long trip or a hospital stay or you first contacted your bank that holds a Payment Funding Source to inquire as to a possible erroneous or unauthorized transaction), we will extend the time period.

15. Our Rights & Liabilities.

a. Transaction Limits.

Based upon our review of your Account and, if applicable, and the information you have provided us or we have otherwise obtained, we will set transaction limits for your use of your Account. When you open your Account, we will tell you the limits we have initially set for Send and Receive Money transactions for your Account. These limits can be changed at any time by us in our discretion, with or without notice to you, EXCEPT AS REQUIRED BY LAW. As a security measure for you and us, we may also decline authorizations for certain transactions when we believe your Account, the transaction is not consistent with your purchasing patterns, or you do not have Available Funds. We may also prohibit certain types of transactions where we believe fraud or misuse risk is higher.

b. Requests for Funds Transfers.

Users may send messages to transfer funds to, or request a funds transfer from, other individuals. Individuals receiving these requests are not obligated to accept or respond to a request, and we make no representation that any such requested transfer funds will occur or that it will be seen by or responded to by the other User. You agree that we will not be liable for damages in connection with any failure of a User to send funds in response to such a request, and have no obligation to review any such request or similar message.

c. Liability for Failure to Make Transfers.

If we do not complete a transaction to or from your Account on time or in the correct amount in accordance with this Agreement, we may be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance: (a) if through no fault of ours, you do not have enough Available Funds in your Account to complete a transaction; (b) if our computer systems or other electronic terminal where you are making a transaction does not operate properly and you knew about the failure when you started the transaction (c) if there is a hold on the funds in your Account or the funds in your Account are subject to any legal process or other encumbrance restricting their use; (d) if we have reason to believe the requested transaction or withdrawal is unauthorized; (e) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (i) if the transaction would violate the terms of this Agreement; or (j) if there are other exceptions stated in this Agreement with you.

d. Risk and Reserve.

If we believe there is risk associated with your Account, we reserve the right, in our sole discretion, to the extent permitted by Applicable Law, to place a hold (a “Reserve”) on funds held in your Account. If we place a Reserve on your funds held in your Account, they will be shown as “pending” in your Account balance. If funds held in your Account are subject to a reserve, we will send an electronic mail to the primary email address we have in our records for you specifying the terms of the Reserve. We may choose to place a Reserve on all or part of the amounts received into your Account for a certain period of time, or take any other action that we determine is appropriate to protect against any risk associated with your Account. We may change the terms of the Reserve at any time by providing you with notice of the new terms.

e. Suspension of Use; Cancellation.

We, in our sole discretion, may limit your use of your Account. We may cancel your Account, or suspend the use of your Account with or without cause or notice, other than any notice required by Applicable Law, and if we cancel your Account we will remit any remaining Available Balance in your Account or Sub-Account to you via check or other payment method we choose. If we decide to cancel or suspend use of your Account, we will send an electronic mail to the primary email address we have in our record for you. Upon cancellation of your Account, privileges, you must immediately discontinue use of your Account,. Our cancellation of your Account will not affect your obligations under this Agreement.

f. Limitation of Liability.

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF ₦10000. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. Our liability is limited to the greatest extent permitted by law. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT.

16. Transaction History, Notices & Communications.

a. Periodic Statements.

Periodic statements will be made available to you electronically on a monthly basis at no charge. Electronic statements will be available for 24 months from when we make the statement first available to you for viewing. You can also view transactions at any time online at no charge when you log into your Account. If your Account is closed, you will only be able to log in and view statements for 90 days following your Account closure. If you would like to receive a paper copy of your electronic statement, you may write to. Subject to Applicable Law, you will be charged a fee for each paper copy you request.

b. Notices.

By registering for the Service and accepting the terms of this Agreement, you consent to receive notices and information via electronic mail (email) to the primary email address we have in our records for you and, if you consent, via text messages regarding the Service and your Account, as well as the transfer of funds to and from your Account. All notices and information sent to you via email and/or text message (where you have consented) will be deemed to be in writing and received by you when it is sent to you. You can manage your preferences for receiving messages from us by logging into your Account

c. Text Messages.

If you choose to receive text messages from us about your Account or Sub-Account, offers and news about the Service, those messages will be delivered to the mobile phone and/or primary email address of record. Message and data rates apply; you should consult your mobile plan for details.

d. Telephone Monitoring/Recording.

From time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.

17. Confidentiality And Disclosure Of Information.

We will disclose information to third parties about your Account,: (i) where it is necessary for completing transactions; (ii) in order to verify the existence and condition of your Account for ourselves or for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us your written permission; or (v) in accordance with our Privacy Notice, which has been provided to you.

18. Miscellaneous.

a. Contact Information.

If you have questions regarding your Account, contact us online at the MiMo Site at www.mimo.com.ng.

b. NAIRA(₦).

All transactions conducted online or at a point of sale must be made in NIGERIAN Naira.

c. Business Days.

For purposes of this Agreement, business days are Monday through Friday, other than federal banking holidays.

d. Change of Address.

Tell us immediately if your Home address or postal address changes or if your electronic mail (email) address changes. If you do not notify us about an address change, information regarding your Account may be mailed or emailed to the wrong person. Any notice we send to you shall be deemed delivered three (3) business days after mailing it to you at the last address you provided for your Account or one (1) business day after emailing it to you at the last primary email address you provided for your Account.

e. Unclaimed Property.

If your Account becomes inactive, we may be legally required to report the balance in your Account or Sub-Account as unclaimed property and forward the unclaimed funds to a state in accordance with Applicable Law. The specified period of time to declare inactive an Account is usually range between two (2) and five (5) years.

f. Attorneys’ Fees and Costs.

Except as may be provided in the Alternative Dispute Resolution section of this Agreement, you agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys’ fees and costs, as well as those costs, expenses and attorneys’ fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by Applicable Law.

g. Governing Law.

This Agreement, the Service, and your Account, Sub-Account, Card, and Sub-Account MiMo Card and any claim, dispute or controversy arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account MiMo Card are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.

h. Waiver.

To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account MiMo Card or any use thereof.

i. Delay of Rights.

We can waive or delay enforcement of any of our rights under this Agreement without losing them.

j. Disclaimer of Warranties.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE PLATFORM, ACCOUNTS, SUB-ACCOUNTS, CARDS, SUB-ACCOUNT MiMo CARDS OR ANY FEATURE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

k. Void Where Prohibited.

Not all services described in this Agreement are available to all persons or at all locations. We reserve the right in our sole discretion, to limit, restrict or prohibit the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.

l. Non-Assignability.

You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets or to any subsidiary or affiliate or successor.

m. Severability.

If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

n. Entire Agreement.

This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.

19. Agreement To Arbitrate Disputes.

This Section 19 sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.

a. Definitions.

As used in this Section, the term “Claim” shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to the Card or these this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements (“Agreements”), including the validity, enforceability or scope of this Section 19 or the Agreements. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card (including, but not limited to, third parties who accept the Card, third parties who use, provide or participate in programs accessed with the Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Section 19, “you” and “us” also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card.

b. Initiation of Arbitration Proceeding/Selection of Administrator.

Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Section 19 and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the “Code”), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to MiMo as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, and/or AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.

c. Class Action Waiver and Other Restrictions.

Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the “Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 19 (other than this sentence) shall not apply.

d. Arbitration Procedures.

This Section 19 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (“FAA”), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preseve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator’s written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding.

e. Location of Arbitration/Payment of Fees.

The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.

f. Continuation.

This Section 19 shall survive termination of this Agreement, your Account, Sub-Account or the relationship between you and us concerning your Account or Sub-Account, any permitted transfer, sale, or assignment of your Account or Sub-Account, or any amounts owed on your Account or Sub-Account, to any other person or entity as well as voluntary payment in full of any Shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Section 19, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, this Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

20. Definitions.

For purposes of this Agreement, the following defined terms shall have the meanings set forth below:

a. “Account” means an account established in connection with the Service.

b. “Applicable Law” means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.

c. “Authorized User” means you and any other person or entity whom you have authorized to use or access your Account or Card, including, as applicable, any Sub-Account User or Sub-Account MiMo Card User.

d. “Card” means any card, account number, barcode, digital representation, or other access device issued by us to you for the purpose of conducting transactions on your Account through the Service.

e. “Payment Funding Source” shall have the meaning set forth in Section 5b.

f. “MiMo Site” means the MiMo website, currently located at www.mimo.com.ng.

g. “Service” means the MiMo electronic wallet program, which facilitates payment transactions using electronic payment networks, establishes accounts for the settlement of such transactions, and includes functionalities such as sending and receiving funds, making purchases, and withdrawing funds from terminals or ATMs.

h. “User” means any person or entity authorized to use the Service.

i. “we,” “us,” and “our” refers MiMo Payment Services LTD

j. “you” and “your” mean the individual who opens the MiMo Account or is authorized to use the MiMo Account.

E-Communications Disclosure www.mimo.com.ng, a MiMo Account. MiMo is a paperless program.  We require your email to ensure we can effectively communicate with and deliver our services to you.  We also require your consent to provide you with important account-related information and updates electronically instead of on paper.  In order for you to authorize and its affiliates and subsidiaries ("MiMo Payment Services LTD," "we," "us" and "our") to provide the MiMo Service to you and also to provide you with legal notices and other communications related to your MiMo Service, you must electronically agree to the terms and conditions in this Electronic Signature and Electronic Communications Disclosure and Consent Form ("E-Communications Disclosure"), which provides that you agree your electronic consents that you provide on documents involving or related to the MiMo Service have the same legal effects as if you had signed the documents with a pen, and you also agree to the extent allowed by law to receive notes and communications related to the MiMo Service electronically.

IN ORDER FOR YOU TO AGREE TO THIS E-COMMUNICATIONS DISCLOSURE, YOU MUST CAREFULLY REVIEW IT, CONFIRM YOU MEET THE "SYSTEM REQUIREMENTS" SET FORTH IN THIS E-COMMUNICATIONS DISCLOSURE, PROVIDE THE REQUIRED INFORMATION SET FORTH BELOW, AND THEN INDICATE YOUR CONSENT AS INSTRUCTED IN CONNECTION WITH YOUR REVIEW OF THIS E-COMMUNICATIONS DISCLOSURE.

Electronic Signature Consent

Before electronically signing this or any other document pertaining to the MiMo Service, you agree to review it first, and then electronically sign each document on a case by case basis.  Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures.  If you agree to execute this E-Communications Disclosure, you will be agreeing that you will review this E-Communications Disclosure and any other documents that we may provide to you in connection with the MiMo Service, carefully and, where you check a box and/or click the "I Agree" or similar button at the end of each such agreement as instructed, you are indicating your consent via electronic signature to the terms and conditions contained in such agreement.

Notices, Statements, Records and Communications

To the extent permitted by law, we may provide all required notices and communications related to the MiMo Service ("Account Communications") to you in electronic form, which may in our discretion include, without limitation, emails to the Servicing E-Mail Address of record we have for you, notices posted at the MiMo website.  For example, we may electronically provide you any of the following:

  • Legally required disclosures, authorizations, consents and notices (e.g., privacy notices)
  • Revisions and changes to account terms
  • Billing inquiry communications
  • Account cancellation notices
  • Suspension of account privileges communications
  • Payment due notices
  • Payment inquiry communications
  • Balance transfer communications
  • Other disclosures and communications regarding the MiMo Services that we now or later are required to provide to you "in writing".

Please note that, although you may authorize others (including, without limitation, another adult or certain minors) to use your MiMo Account and/or create "Sub-Accounts," you agree that we may send or provide all Account Communications related to your MiMo Service to you as the MiMo Accountholder, and you agree to share such Account Communications, as relevant, with all other users of your MiMo Account, MiMo Card, MiMo Sub-Account and Sub-MiMo Card.

As used in this E-Communications Disclosure, the word "provide" means provide, send, post or deliver and all variants of such words.

Your Servicing Email Address

If order to agree to this E-Communications Disclosure and the receipt of communications and notices from us in electronic form, you must provide us with a valid and working email address.  You agree that we may use the "primary" email address you have provided us for use with your MiMo Account, , ("Servicing Email Address").  You may change your Servicing Email Address by entering the new address in the profile settings for your MiMo Account and following the applicable.  You agree that the email address you provide as the Servicing Email Address will at all times be a valid and working email address and that you will provide us with a new email address to use as the Servicing Email Address if you cease using the email address previously designated as the Servicing Email Address, learn it no longer properly operates or can no longer access it.  If you provide more than one email address in the profile settings for your MiMo Account, we will consider the email address you designate as "primary" to be the Servicing Email Address.  We may, in our sole discretion, also choose to send Account Communications to a non-primary email address if you have provided one.  If at any time the Servicing Email Address is an email address shared with another person or entity, you agree that any Account Communications sent to that email address will be deemed received by you even if another person receives them, does not provide you with notice about them or deletes them.  You agree to instruct any person who shares or has access to the Servicing Email Address to promptly show you Account Communications sent to the Servicing Email Address.

Methods of Providing E-Communications

We may provide Account Communications in electronic form by any combination of (1) email; (2) posting or making them accessible in your Message Center on the MiMo website; (3) through links provided in your online account statements, and/or (4) providing your with the option to download or print a PDF file.  ("PDF" refers to the Portable Document Format created by Adobe Systems Inc.®).  You agree to review Account Communications provided in electronic form promptly and to take any required actions or actions requested by us within the time periods set forth in any such Account Communication.  Without limiting the foregoing, you agree that we send you an email or other notice indicating that an Account Communication has been posted or provided at the MiMo website (for example, at your Message Center or as part or your MiMo Account or Sub-Account information), you will promptly review that Account Communication.  By agreeing to this E-Communications Disclosure, you accept the responsibility of reviewing all Account Communications we provide in electronic form.

Reservation of Right to Send Paper Communications

Your consent to receive notices and communications in electronic form does not mean we will only communicate with you electronically.  We reserve the right to use all lawful methods of communication and provide legal notices and other communications and documents in paper form from time to time when legally required to do so or when we in our sole discretion elect to do so.  You are solely responsible for ensuring any mailing address we have on file for you is current.

Duration and Withdrawal of Consent

If you agree to this E-Communications Disclosure, your agreement and consent and the provisions of this E-Communications Disclosure will remain in effect with respect to your MiMo Account until (1) you withdraw your ongoing consent by providing notice of your intent to withdraw your consent by calling 1-800-954-0559 and speaking with a customer service representative or by writing to us at MiMo Customer Service, P.O. Box 989, Saint Petersburg, FL 33731, or (2) your MiMo Account is canceled either by you or us.  Withdrawal of your consent will have no impact on the validity of your consent to any agreements you electronically executed prior to the time of the withdrawal of your consent, and such agreements shall remain in effect unless terminated in accordance with their termination provisions.  If you withdraw your consent to receive Account Communications in electronic form, we may in our sole discretion close or cancel your MiMo Account and, as applicable, MiMo Sub-Account, MiMo Card and Sub-MiMo Card, in which case we will make copies of all Account Communications that are required to be provided to you by applicable law available to you in paper form and charge you our then-current fees for such paper copies.  If we elect not to close or cancel your MiMo Account or, as applicable, MiMo Sub-Account, MiMo Card or Sub-MiMo Card, we will provide you with paper copies of future Account Communications and charge you our the-current fees for such paper copies.  It will take us approximately seven days to process the withdrawal of your consent, and during this period you will continue to receive Account Communications electronically.  If you withdraw your consent, the legal validity and enforceability of prior electronic Account Communications will not be affected.

System Requirements

In order for you to access, receive and retain a copy of this E-Communications Disclosure, and any other agreements pertaining to the MiMo Service we may ask you to electronically execute, and Account Communications in electronic form, you must have provided us with a valid and working email address and have access to the following:

  • A computing, mobile or other communications device with Internet access and a browser that supports 128-bit encryption (e.g., Microsoft® Internet Explorer, Apple® Safari®, Firefox®, or Google® Chrome®).
  • The Internet and a valid e-mail account supported by software enabling you to receive an e-mail as big as 250K in size.
  • A printer that can enable you to print any online and e-mailed material to maintain hard copies for your files, or a hard drive or disk drive with at least 32MB of available random access memory (RAM) to store electronic copies.
  • Adobe® Acrobat® Reader® 4.0 or higher (or another program providing a similar functionality) that enables you to open and/or download a portable document format (PDF) file.  To confirm that you can access documents in PDF format, please click here.  If you cannot access it, you need to obtain, prior to executing this E-Communications Disclosure, the necessary Adobe® software that can be downloaded at http://www.adobe.com/products/acrobat/readstep2.html .  If you click on this link, another browser will open and you will be directed to Adobe®'s website.  Your current online session will remain open in the current browser window until you log off or time out, whichever occurs first.  If you MiMo Account session times out, you will need to log in again.
  • If you register to receive text message (SMS) alerts to your mobile phone number, a valid mobile phone number and a text-enabled mobile phone.  You will need to pay any message and data rates imposed by your mobile carrier or other service providers.

If you ever have trouble accessing or reading an Account Communications or any other information that we have provided to you electronically, check to ensure you meet the "System Requirements" above or call a customer service representative at 1-800-954-0559 for assistance.

Printing and Downloading a Copy of All MiMo Agreements you Electronically Sign and All Account Communications

You agree to print or download to your computing, mobile or other communications device (Provided your device has such functionality) by clicking on "Print" or "Download" as desired and retain a copy of this E-Communications Disclosure.  You also agree to print or download and retain a copy of any other documents pertaining to the MiMo Service to which you electronically consent.  You also agree to print or download and retain copies of all Account Communications from us.

Access to Account Communications

We retain copies of Account Communications in your Message Center for your MiMo Account on the MiMo website for ninety (90) days after their initial publication.  We retain copies of certain Account Communications for longer periods required by law and will provide you will copies of them upon request within those time periods.  You may request a copy of any of those Account Communications (1) by sending us a message to a customer service representative through the MiMo website "Contact Us" link, (2) by calling 1-800-954-0559 to speak with a customer service representative or (3) by writing to us at MiMo Customer Service, P.O. Box 989, Saint Petersburg, FL 33731.  Please be aware that you will be charged a fee, set at $5.00 as of the date of publication of this E-Communications Disclosure for each paper copy of an Account Communication.

Modification of this E-Communications Disclosure

We reserve the right to revise the terms of this E-Communications Disclosure at any time in our sole discretion.  You may be provided with notices of any change to these terms by an Account Communication in electronic form.  We will also indicate that changes to these terms have been made by updating the date indicated after "Last Modified" at the beginning of this E-Communications Disclosure.  Any changes to these terms will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter until any subsequent change is made.  If you do not agree with the changes or current terms, you must withdraw your consent to this E-Communications Disclosure in the manner set forth above.

Your Consent

By indicating your agreement to this E-Communications Disclosure, you confirm all of the following:  (1) the computing, mobile or other communications device(s) you use to review and electronically consent to the MiMo documentation and to receive and access Account Communications in electronic format meet, and during the time this E-Communications Disclosure is in effect, will meet the requirements set forth in the "System Requirements" section above; (2) you are able, and have taken action to confirm that you are able, to access a PDF document using such a device; (3) you meet, and during the time this E-Communications Disclosure is in effect, will meet, the requirements set forth in the "Servicing Email Address" section above; (4) we may send you applicable Account Communications, and other legal notices and communications with respect to your MiMo Account, in electronic and not paper form except as we reserve the right to send you legal notices and other communications in paper form as set forth in this E-Communications Disclosure.

  • Trademarks.

    "MiMo" and all related logos, as well as any other trademarks, service marks, trade names, branding and logos, are trademarks and/or registered trademarks of MiMo or its licensors. No right, title, license, or interest to such trademarks is granted hereunder, and You agree that no such right, title, license, or interest shall be asserted by You with respect to such trademarks. You agree that You will not use MiMo's or its licensors' names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without MiMo's or its licensors' prior written consent. You shall inform MiMo promptly in writing of any actual or alleged infringement of MiMo's or its licensors' rights and of any evidence thereof.

  • Governing Law.

    This License Agreement is governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this License Agreement and any amounts contracted for, charged, and received under this Agreement will be governed by such laws. This License Agreement is entered into between You and us in New York.

  • Non-Assignability.

    You may not assign or transfer this License Agreement or any of Your rights, obligations, duties, responsibilities, or liabilities under this License Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This License Agreement shall be binding on You and Your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this License Agreement without Your approval to any entity which acquires all or substantially all of our assets or to any subsidiary or affiliate or successor.

  • Severability.

    Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

  • No Waiver.

    The failure or delay of either party to enforce any rights granted hereunder or take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

  • No Third-Party Beneficiaries.

    This License Agreement does not and is not intended to confer any rights or benefits on any person that is not a party hereto and none of the provisions of this License Agreement shall be enforceable by any person other than the parties hereto, their successors and permitted assigns.