these are the terms and conditions (the “terms and conditions”) regulating the access to and/or use of this website and any other portal, including the 9mobile Nigeria self-service platform (“my9mobile”), or extranet or mobile application linked to this website (hereinafter collectively referred to as the “site”); and the use of any services provided by 9mobile Nigeria on the site (together, the “online services”) by you (the “user” or “you”).
by accessing this site and/or using the online services, you agree that you have thoroughly reviewed these terms and conditions; that you fully understand the same; and that you agree and accept to abide by these legally binding terms and conditions. by continuing to access this site and/or use the online services, it would be deemed that you have read and consented to these terms and conditions. if you are an 9mobile Nigeria subscriber or customer, please note that you are also bound by the terms and conditions of service applicable to 9mobile Nigeria’s subscriber and customers.
accessing the site
the user is hereby permitted by 9mobile Nigeria to access and use this site and/or the online services, subject to these terms and conditions. 9mobile Nigeria reserves the right to withdraw this permission and/or to amend these terms and conditions, without notice and without providing any reason. 9mobile Nigeria reserves the right, at its discretion, to restrict access to any part or the whole of this site or any online service at any time and for any period whatsoever.
the user hereby understands and agrees that access to this site and the online services may be affected by events which may be outside or beyond the control of 9mobile Nigeria. 9mobile Nigeria shall not be liable to you or any other person for any inability to access this site, the unavailability or limitation of availability on this site or limitation in the use of any of the online services for any period of time. where 9mobile Nigeria (or any agent or delegate of 9mobile Nigeria) provides the user with any identification code, password or other information as part of 9mobile Nigeria’s security procedures in connection with access to this site or any online service the user hereby agrees and undertakes to keep such information confidential and shall not disclose such information to any third party. the user is and shall remain responsible for any use of or access to this site, or any online service, occurring through the use of the user’s password or any other identification code and absolves 9mobile Nigeria from any liability in respect of such usage.
the user shall not use or permit or otherwise enable the use of this site, or any online service for fraudulent purposes or for any other purpose not expressly authorized or permitted by 9mobile Nigeria. the user is responsible for ensuring that any person who accesses the site or any online service through the user’s facilities or internet connection is aware of these terms and conditions and complies with the same.
alterations to the site and online services
9mobile Nigeria may periodically update and improve the site. in this regard, changes to access, the content, presentation and nature of this site and the online services may occur at any time, without any prior or subsequent notice to the user. 9mobile Nigeria will use reasonable efforts to ensure that the contents of the site and the online services are accurate at the time that they are uploaded on this site. please note, however, that such information may be out of date at any particular time of reference. the user acknowledges and agrees that the information contained on this site, including information regarding the online services, may not be accurate and/or up to date and 9mobile Nigeria shall not be liable for any liability incurred or loss suffered as a result of reliance on such out of date or inaccurate information.
services, promotions and offers
all services, promotions, offers and other material information on this site are subject to availability as may be determined by, and in the absolute discretion of 9mobile Nigeria. the user agrees that all of the services, promotions and offers set out on this site are subject to the provisions of these terms and conditions in addition to any specific terms and conditions or agreements relating specifically to such services, promotions or offers. 9mobile Nigeria reserves the right, in its absolute discretion, to suspend the site, and or any online service, promotion or other program available on this site at any time.
use of my9mobile service
where the user accesses or uses the my9mobile service (whether as an authorized user or not, whether as a subscriber to 9mobile Nigeria’s services or not), the user agrees to be bound by the following additional terms and conditions:
9mobile Nigeria provides no warranty regarding, and takes no responsibility for, the accuracy or the quality of any information which the user receives or accesses from the my9mobile service;
9mobile Nigeria provides no warranty that the information requested by the user from the my9mobile service will be available at all times or that the service will be fault free;
the user is completely responsible for any reliance on and the use of the information received through the my9mobile service;
where the user purchases goods and services through my9mobile from content providers, the user acknowledges that such goods and services are purchased under the terms and conditions provided by those content providers. 9mobile Nigeria shall not be responsible for the security or protection of any bank card details provided to such content providers when purchasing their goods and services, and shall not be liable to the user for any loss or damage suffered due to the unauthorised use of such bank card details or for any invalidated bank transaction relating to the card;
the user is responsible for backing up and safeguarding his or her data and 9mobile Nigeria shall be entitled to delete data or use data as may be required, in accordance with relevant laws and regulations;
although 9mobile Nigeria shall endeavor to maintain the security of the information on the site, 9mobile Nigeria cannot guarantee that the information the user receives or supplies in its use of the my9mobile service will be secure at all times;
the user acknowledges and agrees that he or she is fully responsible for the protection of his/her my9mobile account password(s) and for all usage of his/her account;
9mobile Nigeria may at any time modify, discontinue or suspend the user’s access to the my9mobile service without notice to the user;
9mobile Nigeria may also suspend the user’s access to the my9mobile service where the user breaches these terms and conditions; or if the user misuses the my9mobile service in the reasonable opinion of 9mobile Nigeria;
the user hereby indemnifies and holds 9mobile Nigeria, its officers, agents, other partners and employees, harmless from any claim or demand made by any third party due to or arising out of the user’s use of the my9mobile service; the user’s breach of these terms and conditions or the user’s violation of any rights of another user of the my9mobile service.
intellectual property rights
9mobile Nigeria is the owner or licensee of, all its intellectual property rights (as defined below) in relation to any material displayed or published on this site except where otherwise stated. all data, including logos, designs, marks, get-ups, products, product names, trade, service or other names (all, together with materials published or content on this site, collectively referred to as “intellectual property”) are part of the proprietary information of 9mobile Nigeria and or its licensor(s). the user shall not, and shall procure that any person who gains access through such user shall not use such intellectual property in any way or manner not specifically authorised by 9mobile Nigeria. such unauthorized use shall constitute a breach of the said intellectual property rights. the user shall not modify any copies of any intellectual property howsoever obtained from the site. 9mobile Nigeria or any other person who contributes any intellectual property to this site must always be expressly acknowledged as the proprietor of such intellectual property by the user in a clear manner. the user is expressly prohibited from using any part of the intellectual property for any purpose whatsoever without first obtaining licence from 9mobile Nigeria (or any other relevant licensor) prior to such use. any actions by the user in breach of the terms of these terms and conditions will result in the immediate termination/cessation of the user’s right to use this site and the user shall immediately destroy or return any copies of the offending materials held by him or her. 9mobile Nigeria reserves all rights applicable under relevant law to seek legal and/or equitable redress for such breach.
liability of 9mobile Nigeria
the user’s access to and use of this site, my9mobile and all other online services for any purpose and the use of any data or information obtained by the user from this site is at the sole risk of the user. the information and other materials contained on this site, and online services are provided without any guarantees or warranties as to their accuracy, completeness or suitability for the user’s purposes. no warranties, representations or conditions of any kind, whether express or implied, shall apply against 9mobile Nigeria in respect of the use of this site and/or the online services by you to the maximum extent permissible by law.
9mobile Nigeria does not warrant or guarantee continuous access to this site or any online service provided through the site nor does it warrant nor guarantee that such services will be available at all times. 9mobile Nigeria shall not be liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the online services or inability to access this site or my9mobile service. the confidentiality of any communication or information submitted on or through this site is not guaranteed, as due to reasons beyond 9mobile Nigeria’s control, such communications or information may be unlawfully intercepted or accessed by persons other than the intended recipient. 9mobile Nigeria shall not be liable for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.
with respect to content displayed on this site (“content”), 9mobile Nigeria does not, make any warranty as to the accuracy and completeness of the content. to the extent permitted by law, 9mobile Nigeria and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content whether or not this is caused by a negligent act or omission of 9mobile Nigeria. 9mobile Nigeria shall not accept responsibility or any liability in respect of access to other content through the use of this site.
9mobile Nigeria (and any member of the 9mobile Nigeria group, affiliate, employee or contractor or any third party connected to 9mobile Nigeria) hereby expressly excludes itself from any liability for any direct or indirect or consequential damage or loss (including, but not in any way limited to, loss of profits, income, revenue, savings and anticipated savings, data, goodwill, time and other resources) incurred or claimed by any user in connection with the use of (or inability to use) this site, the my9mobile service, any online service or any information or data derived therefrom, whether in tort (including to the extent possible, negligence), breach of contract or otherwise, either as a consumer, customer, business or private user.
information gathered from user
the user hereby acknowledges that 9mobile Nigeria may access, gather or process information about or belonging to the user, and the user’s use of this site or online services in accordance with 9mobile Nigeria’s privacy policies from time to time in force. by using this site, the my9mobile service and/or any other online service provided on or through this site, the user consents to such gathering, processing and use of such information.
interaction on or with our site
this site may contain links to other sites and resources provided by third parties and persons other than 9mobile Nigeria. the aforementioned links are provided for your information only and the inclusion of such links does not constitute or imply an endorsement by 9mobile Nigeria of such sites or links or of the information or materials contained therein. 9mobile Nigeria does not have control over the contents of those sites or resources, and accepts no responsibility or liability for them or for any loss or damage that may arise from the use of same by the user.
the user shall not misuse this site, my9mobile or any other online services in any manner whatsoever, whether willfully or negligently. in particular, without limiting the generality of the foregoing, the user shall not, whether by omission or commission, introduce any malware or other material which is harmful, malicious or capable of harvesting information from this site or harvesting information from other users or doing anything which may reasonably be considered by 9mobile Nigeria as unacceptable. the user shall not procure or attempt to procure any person to attempt, or facilitate any attempt to gain unauthorized access to this site, the my9mobile service or any other online service (or any computer or server on which this site, my9mobile or online service can be accessed) or any information contained herein or hosted hereon. the user shall not carry out any action or attempt to carry out any action which might affect the performance or availability of this site, my9mobile service or any other online service (including any attempts to compromise or otherwise interfere with this site or the my9mobile service or any other online service). 9mobile Nigeria shall not be liable for any malware or other harmful material that may affect the computer, phone or other device (or programs, data, database or any server) of the user by virtue of the use of or access to this site or by the downloading of any material hosted on this site or linked to the same.
the user may link this site’s homepage to its website, provided such link is made in a way that is fair and legal and does not damage our reputation or take advantage of our reputation in any way. notwithstanding the foregoing, the user is expressly prohibited from establishing any link in such a way as to suggest any form of association, approval or endorsement on the part of 9mobile Nigeria. The user shall not establish a link to the 9mobile Nigeria site, from any website that is not owned by the user. 9mobile Nigeria reserves the right to withdraw linking permission immediately and without notice, upon which the user must immediately withdraw such link.
9mobile Nigeria may vary or revise these terms and conditions if new legislation, statutory instruments or other governmental regulations or licenses make it necessary or, otherwise as 9mobile Nigeria deems appropriate from time to time. It is the responsibility of the user to review these terms and conditions from time to time and 9mobile Nigeria shall not be obligated to notify the user of any changes to these terms and conditions, and the user shall be and remain bound by these terms and conditions, notwithstanding any such variation.
these terms and conditions shall be governed, construed and shall take effect in accordance with the laws of Nigeria. It shall be subject to the jurisdiction of the Nigerian courts. The invalidity, unenforceability or illegality of any part of these terms and conditions shall not affect the validity or continuation in force of the remainder of these terms and conditions.
no failure to exercise, nor any delay in exercising any right or remedy under these terms and conditions, on the part of 9mobile Nigeria, shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. the rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law or otherwise.
if, at any time, any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
9mobile Nigeria shall not be liable in respect of any breach of these terms and conditions due to any cause beyond its reasonable anticipation including but not limited to an act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom 9mobile Nigeria is not responsible.