DIALit Privacy Policy

Please be sure to read the following terms and conditions before using DIALit. By using DIALit, you acknowledge that you understand and agree with the following terms and conditions and that these terms constitute your Agreement with the Developer in respect of your use of DIALit.

1.0 Definitions

In this Agreement, the following terms shall have the meanings specified below unless such would be manifestly incompatible with the context. “Agreement” and" Terms and Conditions" are synonymous and used interchangeably to mean this Agreement with respect to your use of DIALit. "You" or "your" or "User" refers to any person or entity using DIALit. "The Developer," "we" or "our" or "us" will refer collectively to Mr. Seun Akinduro, who is the Developer of DIALit. “You” and “the Developer” are jointly referred to as ‘the Parties”, "DIALit", "our Services", "the Services", "the System", "the App" are synonymous and used interchangeably unless otherwise specified. “Network Provider” means the person or organisation providing you with a telephone connection. In Nigeria these include MTN Nigeria Communications Limited (MTN), Airtel Nigeria Limited (Airtel), Globacom Limited (Glo) and Emerging Markets Telecommunication Services Ltd (Etisalat). “Bank” means a financial institution authorized to accept deposits from the public and provide financial services under banking laws.

1.1 Agreement

By using DIALit You agree to all of the Terms and Conditions in this document and any other documents incorporated by reference. You further agree that these Terms and Conditions form a binding agreement between you and the Developer.

9.0 2.0 Eligibility

In order to use DIALit, you must be at least Eighteen (18) years of age or the age of majority or adulthood under the laws of your country. We reserve the right to suspend or terminate the use of DIALit by persons who are below this age. We also reserve the right to suspend or terminate the use of DIALit by persons who present an unacceptable level of risk as determined by our standards or any legal, regulatory or industry standards.

10.0 3.0 The Legal Relationship between You and the Developer

Your acceptance of these Terms and Conditions of Service is established either:

a) by installing or using DIALit, or

b) by using your personal details to log-in to DIALit

11.0 4.0 Responsibility

DIALit only enables your phone to conveniently transmit your instructions to your Network Provider to recharge your telephone line. You acknowledge that:

i. You are fully responsible for the completeness, correctness and validity of information you supply to DIALit, including but not limited to: a) Your name, age and other personal details b) Your telephone number, particularly the number registered with your Bank c) The amount of airtime recharge d) The name of your Bank e) All other information supplied to DIALit. ii. You will keep confidential all your phone, bank and other security related information such as passwords, access codes and Personal Identification Numbers (PIN). You understand that the Developer will never request you to divulge any of these information in person, by phone, email or by any other means. You must report any representation to the contrary to the Developer and to your bank and your Network Provider promptly. iii. Neither the Developer nor any of his agents or affiliates can be held liable for any incorrect information that you supply to DIALit. iv. DIALit is not a Bank, financial institution, Network Provider, telephone company and does not offer any service similar to those provided by these companies. v. DIALit does not act as a trustee, fiduciary, bailee or escrow provider with respect to your money or airtime. vi. While DIALit transmits your instructions to your Network Provider it does not have any control over your Network Provider’s service, response or the speed of such service or response. We cannot ensure that your Network Provider will respond correctly and we are not responsible for any errors or failure by your Network Provider. We will not bear any liability for any incomplete or incorrectly handled transaction between you and your Network Provider or any other party with whom you may transact. vii. The responses, messages, prompts, pop ups and other communication resulting from your instructions sent via DIALit all emanate from your Network Provider and not from DIALit. 12.0 Identity Authentication and Security We do not undertake authentication of your identity or authentication of the identity of anyone using your phone or device. Any authentication done by your Network Provider, such as pin request, one time password, hardware or other token is completely independent of DIALit and we are not responsible for the outcome of such authentication. We will not be responsible where an unauthorized person uses DIALit on your phone or device. You are completely responsible for the security of your phone or device. 13.0 No Warranty The Developer provides DIALit on "as is" basis and without any warranty, guarantee or representation as to quality whether express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose and non-infringement to the full extent permissible by the law. We make no representations or warranties regarding the quality of our service. 14.0 Limitation of Liability In no event shall the Developer be liable for loss of income, profits, business, opportunity, time, contracts or any indirect, special, incidental or consequential damages arising out of or in connection with DIALit, our website, our service, or this Agreement. Our liability to you or any third parties in any circumstance of proven liability by us, shall not exceed the fees paid by you to us in respect of the specific transaction that gave rise to the claim or liability. 15.0 8.0 Indemnification You agree to indemnify and hold the Developer, harmless from any claim or demand (including attorneys' fees) made by you or any third party arising wholly or partlyfromyour breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of DIALit. 16.0 Support and Improvement The Developer reserves the right to upgrade, alter or modify the profile and functions on DIALit at any time without notice to you. You agree that the Developer shall not be liable for any such modification. In order to effect updates or upgrades or to maintain the integrity of DIALit, the Developer may suspend your access to the App at any time without notice, including in emergency situations. Emergency situations in this clause mean circumstances that may threaten the security of the App. 9.0 Fees DIALit may be offered in free versions as well as paid versions. Any fees payable for DIALit shall be as displayed on your DIALit profile screen and payment will be a condition for your use of paid versions of DIALit. The Developer reserves the right to change the fees and give you notice of this at any time. 10.0 Use Policy 10.1 Acceptable Use Policy The following activities constitute a violation of the Acceptable use of DIALit 11.1 Using the DIALit service to make or receive payments for any illegal, fraudulent, immoral or otherwise socially reprehensible purposes. 11.2 Using the DIALit service to make or receive payments for any narcotics, other controlled substances, steroids or illicit drugs. 10.2 Restricted Activities You agree that your information and your activities (including your payments and receipt of payments) through our Service shall not: i. Involve any illegal, fraudulent, immoral or otherwise socially reprehensible conduct. ii. Be false, inaccurate or misleading; iii. Be fraudulent or involve the sale of counterfeit or stolen items; iv. Be related in any way to terrorism and/or criminal activities, including but not limited to payment or the acceptance of payments for unauthorized firearms or weapons; v. Be related in any way to dealing in or use of narcotics, other controlled substances, steroids or illicit drugs; vi. Infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; vii. Violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); viii. Be defamatory, libelous, unlawfully threatening or unlawfully harassing; ix. Be obscene, contain or relate to child pornography; x. Contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or xi. Create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers or partners. If you use, or attempt to use DIALit for purposes other than expressly authorized by the Developer, including but not limited to tampering with, hacking, modifying or otherwise corrupting the security or functionality of the Service, your use will be terminated and you will be subject to claims for damages and other lawful penalties, including criminal prosecution where applicable. 10.3 Access and Interference You agree that you will not use any robot, spider, other automatic device, or manual or other process to monitor or copy our App, code, web pages or the content contained therein without our prior express written permission. You agree that you will not use any device, software or routine to attempt to interfere with the proper working of DIALitor our website or any activities conducted by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Most of the information on our site is proprietary or is licensed to us. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from our website without our prior express written permission. 10.4 Our Remedies and Right to terminate or restrict your activities. Without limiting other remedies available to us, we may verify inaccurate or incorrect information you provide to us, contact you by means other than by electronic means, immediately warn our community of your actions, limit access to an account and any or all of the account's functions, limit any other activities, indefinitely suspend or close your account, terminate this Agreement and refuse to provide our Services to you if: i. You breach this Agreement or the documents it incorporates by reference; ii. We are unable to verify or authenticate any information you provide to us; iii. We believe that your account or activities pose a significant fraud risk to us; iv. We believe that your actions may cause financial loss or legal liability for you, us, our users or any other person; or v. Your use of DIALit is deemed by us to constitute abuse of any electronic transaction rules or payment system or electronic payment rules. 10.5 Privacy and Security We view the protection of users' privacy as a very important principle. We understand clearly that you and your Information are one of our most important assets. Should we store and process your Information, we will do so on computers that are appropriately protected. You may object to your information being used in any particular manner and you may thereby opt out from usingDIALit. Please ensure that you read our privacy policy. By consenting to this Agreement, you also consent to our privacy policy. 17.0 Service Disruption Should the service be disrupted to such an extent that there is likely to be an adverse effect to the service provided, we will endeavor to notify you of such within a reasonable time.In the event of any service delay or failure, we shall take necessary steps to ensure speedy service restoration and minimize the extent of such service failures. However we shall not be liable to you for any loss or damage. 18.0 Trademarks and other Intellectual Proprietary rights DIALit, our website and all our logos, products, services or other content are the intellectual property of the Developer, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Developer. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of DIALit and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Developer. Neither this Agreement, nor your use of DIALit will convey title or any interest or rights in the Developer’s intellectual property rights. 11.0 Assignability You may not transfer any rights or obligations you may have under this Agreement without our prior written consent. DIALit. We reserve the right to transfer this Agreement or any right or obligation under this Agreement without your consent, and we will notify you via the App, our websites, social media or any other media. 12.0 Legal Compliance You shall comply with all applicable Nigerian laws, and regulations, or the laws of your country, regarding your use of our Services. If any specific term or condition violates the law, that term alone shall stand severed or amended as far as is necessary to comply with the law. 19.0 Notices and Amendment 19.1 Notices You agree that these Terms and Conditions constitute "an Agreement duly signed or executed by "you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other documents regarding your account and/or your use of the Service, may be provided to you electronically and you agree to receive all Notices from the Developer or DIALit in electronic form. You may print a copy of any Notice and retain it for your records. All Notices in either electronic or paper format will be considered to be in "writing and to have been received and shall become effective thirty (30) days after being posted or placed on our website or made available via the App, or other electronic means. 19.2 Amendment We may amend or update this Agreement at any time by notice to you or posting the amended terms on our website, or informing you via any other electronic means. All amended terms shall be effective thirty (30) days after being made available to you via such means. 20.0 Dispute Resolution 20.1 Negotiated Settlement or Mediation In the event of a dispute arising between you and the Developer, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of any dispute, the Parties shall seek to resolve any such dispute amicably between themselves or through a negotiated settlement and in the event of their inability to resolve the dispute as aforesaid, the parties shall explore a mediated settlement with both Parties jointly appointing one(1) Mediator who shall act as a catalyst for resolution. 20.2 Arbitration If at any time the Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party shall refer the matter to be finally settled by arbitration in accordance with the Arbitration & Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN) 2004. The arbitration shall take place in Lagos, Nigeria and be conducted in English Language. If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK (Nigeria Branch). Each Party will bear its costs save for joint costs which will be borne jointly. 21.0 Extended Non-use Your non-use of our App for an extended period does not terminate this contract. Any monies due and payable by you to us before, during or after the period of your passivity shall remain payable and become due immediately upon your reactivation. Termination or non-use shall not relieve the continuing obligations under this Agreement, including but not limited to the provisions on Indemnification, Access and Interference, and Trademarks and other intellectual Proprietary Rights in this Agreement. 22.0 General a) You represent that you have the capacity to enter into this Agreement. b) That you are an adult, and that you are not under any contractual inhibition known to your national or international law. c) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. d) You agree that this Agreement and all incorporated agreements may be automatically assigned by DIALit to a third party in the event of a merger or acquisition. e) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section(s). f) Our failure to act with respect to a breach by you or others does not amount to a waiver of our right to act with respect to subsequent or similar breaches. g) The non-specification of a particular legal or equitable remedy shall not be construed as a waiver, prohibition or limitation of any legal or equitable remedies in the event of a breach of any of the clauses. h) Each of the Parties acknowledge that it is acting as an independent entity, and each Party has the sole right and obligation to supervise, manage, direct, procure, perform, or cause to be performed, all work or other obligations to be performed by such Party under this agreement. 23.0 Entire Agreement This agreement and any documents referred to herein constitute the entire agreement between the parties and supersede any and all prior agreements between the parties, whether oral or written, with respect to the subject matter thereof. 24.0 Applicable Law This Agreement shall be governed by and interpreted according to the laws of the Federal Republic of Nigeria. 25.0 Force Majeure The Developer shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations, if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of The Developer including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, or any other act of God or any technical failure caused by devices, matters or materials.