Terms and Conditions
And-coThe Terms and Conditions (“Agreement”) set forth the conditions governing your use of the Baxi Mobile Application (Baxi App). By downloading the Baxi App and using the service, you (the User/Agent) agree to be bound the terms of this Agreement.
1. Description of the Service: You may use the Baxi App to complete bill payments and agency banking transactions for the digitally enabled products on the Baxi App. More products may be added to the Baxi App from time to time.
2. Enrolment: Upon completing the download of the Baxi App, you will be required to provide some of your personal data for your own security. You will also be required to complete and upload a guarantor’s form and any other documentation required for our record. By using the Baxi App you represent that the information provided is true.
3. Security Procedures: You are solely responsible for maintaining the security of your Mobile Device and for any unauthorised use of your Mobile Device to access the service. You agree to lock your Mobile Device with a password or number code whenever it is not in use so that your personal information is not accessible by others. In addition, you agree to notify us immediately in the event you become aware of any loss, theft, or unauthorized use of the Baxi App or your Mobile Device.
4. Availability and Reversals: Once you have sent transaction instructions to us via the Baxi App, you will not be able to reverse those instructions. It is your responsibility to correctly enter all transaction information into your Mobile Device, including transaction amounts.There may be events during which our services will be unavailable. This may be due to factors such as scheduled maintenance or interruption in Internet service.
5. Retail Collection Feature: This feature which is referred to as the “Primary and Secondary Users Account” feature enables Merchants (“Primary Users”) who own multiple retail outlets to create subsidiary accounts for the purpose of collecting funds and monitoring transactions across their retail outlets (“Secondary Users”). By using this feature, you agree that:
i. Each User of a subsidiary account represents you; and as such you have records and personal data of each subsidiary user within your possession;
ii. You accept and shall take responsibility for all acts and omissions including damages and liabilities incurred by Users of any subsidiary account which you create,
6. Baxi Mobile POS (MPOS) Device Use: Upon your acquisition of the Baxi MPOS for use with the Baxi App from Capricorn Digital Limited (“the company”), you will be expected to meet the company’s required minimum daily and weekly turnover
S/N DESCRIPTION MIN. AVERAGE DAILY TURNOVER N MIN. AVERAGE WEEKLY TURNOVER N
1 WEEK 1-2 150,000. 00 1,050,000. 00
2 WEEK 2-3 150,000. 00 1,050,000. 00
3 WEEK 3-4 150,000. 00 1,050,000. 00
4 WEEK 4-5 150,000. 00 1,050,000. 00
In the event of failure to consistently reach the required turnover within two (2) months of acquiring the MPOS, the company has the right to terminate this Agreement and immediately retrieve the MPOS.
7. Data Privacy and User Information: You acknowledge that in connection with the use of the Baxi App, We, your bank and the service providers may receive information not limited to names, domain names, addresses, passwords, Bank Verification Number (BVN), telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Baxi App (“User Information”). We, your bank and the service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the service and as otherwise permitted by law, including compliance with regulatory authorities and court orders. We, your Bank and the service providers also reserve the right to monitor the use of the Baxi App for the purposes of verifying compliance with applicable laws and this agreement but disclaim any obligation to monitor, filter or edit any content.
8. Restrictions on Use: You agree not to use the Baxi App in or for any illegal, fraudulent, unauthorised or improper manner or purpose and agree that the Baxi App will only be used in a manner that complies with all applicable laws, rules and regulations including all applicable state, federal and international internet, data, telecommunications, telemarketing, “spam”, and import/export laws and regulations. Without limitation, you agree that you will not (i) violate the privacy rights of third parties, any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any service provider or any of its clients or subscribers; (ii) disseminate material or data that is illegal, or of such nature that is harassing, harmful, coercive, defamatory, libellous, abusive, threatening, obscene, or otherwise objectionable; (iii) disseminate any material or information that is false, misleading, or inaccurate; (iv) disseminate any material that would expose us, the Bank or any third-party service provider involved in providing the Services, or any other third party to liability.
Further to the above, you agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of the Services or the Software, the security of the Baxi App or other customers that use the service; or (d) disclose third party data to any person or utilize the data for any purpose except for the performance of the service and use reasonable means to ensure that unauthorized persons do not have access to such personal data; or (e) otherwise abuse the service or the Baxi App.
9. Money Laundering and Terrorism Prohibition: You hereby agree to comply with the anti-money laundering and anti-terrorism regulations; and anti-corruption laws including but not limited to the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and other Financial Institutions in Nigeria) Regulations 2013, Economic and Financial Crimes Commission (Establishment, etc.) Act 2004; Corrupt Practices and Other Related Offences Cap C31 Laws of the Federation of Nigeria 2004; Money Laundering (Prohibition) Act, 2011 and Terrorism (Prevention) Act 2011.
10. Indemnification: You hereby agree to indemnify, defend and hold us, our employees, agents and affiliates harmless from and against any claim, expense, liability, cost, loss or damage (including cost of dispute resolution) caused directly or indirectly by your failure to comply with the terms of the agreement, your breach of representation or warranty, your failure to maintain the security of your mobile device and your negligent or intentional acts or omission in utilising the service and your violation of any applicable law, statute, or regulation relating to your use of the service.
11. Limitation of Liability: You agree that to the extent not prohibited by applicable law, We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use , or the termination of the use of the Baxi App, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.
In addition to the above, we shall not be liable for inability to use the service or losses caused by events such as fires, floods, earthquakes, epidemics, strikes, unavailability of necessary utilities, blackouts, natural disasters and acts of regulatory agencies.
12. Disclaimer of Warranties: You agree that your use of the service and all information and content (including that of third parties) is at your own risk and is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind as to the use of the Baxi App, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Baxi App (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv)any errors in the service or technology will be corrected.
13. Intellectual Property: This Agreement does not transfer to you any ownership or proprietary rights in the Baxi App or any associated content, technology, Software or any part thereof. We retain all intellectual property rights, title and interest in and to the Baxi App and any associated content, technology, and Software. Neither you nor any user you authorize will use the Baxi App in any manner or for any purpose that will be breach our intellectual property rights in the Baxi App or contradict our business interest.
14. Acceptance of Agreement; Amendment: Your use of the Baxi App constitutes your acceptance of this Agreement and other amendment that may be made from time to time. We will notify you of any material change to the Agreement by providing a link to the revised Agreement. Such amendments shall become effective upon your receipt of notice or such later date as may be stated in the notice. If a change is made for security purposes, we may implement the change without prior notice to you. If you do not agree with the change, you may discontinue using the service. However, your continued use of the service will indicate your acceptance of and agreement to any changes to the Service.
15. Legal Rights for events of fraud, security breach or related conduct: In the event of your participation or suspicion thereof in activities such as fraud, security breach, misuse of the Baxi App and other prohibited activities specified in clauses 6 and 7 above, we shall be entitled to take all preventive or corrective actions permitted under law not limited to the restriction of your access to the service, blacklisting or otherwise freezing the BVN provided, making formal reports to the Economic and Financial Crimes Commission (EFCC), the Nigerian Police Force (NPF) and other relevant security and regulatory authorities, or otherwise commence legal action in a competent court.
Further to the above, you hereby grant us authority to investigate, report, or take other actions as may be necessary to prevent or resolve the events described above and to recover the affected funds or other properties.
16. Insurance: We do not provide insurance coverage for the safety of your personal effects, losses caused by fraud or security breach hence you shall be solely responsible for obtaining all insurance policies as you deem fit.
17. Post-Paid Service: If you meet certain conditions, you will be entitled to the post-paid service on the App. You hereby undertake that there shall be prompt settlement of the service as agreed by you. You will also comply with all relevant regulations including terms stipulated in this agreement or in other agreements which you execute with us and act in good faith at all times. The rules regulating this service may be reviewed or updated from time to time and shall include rules laid down by us, applicable financial institutions and regulatory authorities. It is your responsibility as a recipient of this service to stay informed on all reviews or updates that may be applicable to you.
In the event of a default in the use of this service received, we shall be entitled to take all such legal actions as we deem fit including reporting you to/engaging the services of appropriate agencies.
18. Privity of Contract: This terms of this Agreement apply to you as a User only and any person who is not a party to this Agreement shall have no right by law or otherwise to enforce any of its terms.
19. Governing Law and Dispute Resolution: Subject to clause 14 above, this Agreement, and your rights and our obligations under this Agreement, are governed by and interpreted according to the laws of the Federal Republic of Nigeria. Any dispute that arises from the use of the service shall be resolved by direct consultation between the Parties. If the parties remain dissatisfied, the dispute shall be referred to arbitration which shall be conducted in Lagos State, Nigeria by a sole arbitrator and the proceedings shall be coordinated in accordance with the arbitration and conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004 and the Rules thereunder.
20. Miscellaneous: We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this Agreement. No waiver of any breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. In the event that any provision of this Agreement is held to be unenforceable or invalid by any court or regulatory authority of competent jurisdiction, the validity and enforceability of the remaining provisions 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.
Also, the Agent agrees to be bound by the provisions of CDL’s other Terms and Conditions as may be required and/or circulated by CDL from time to time.
21. Termination: You can opt out of the service by deleting and uninstalling the Baxi App from your mobile device. Where you have received any of our properties including signages or banners, such items shall be returned to us within seven (7) days of termination.
If you have any questions about these Terms and Conditions, please contact us.