Terms & Conditions

Introduction

Memo is owned by Memorable Impact Limited (hereinafter referred to as “we”, “us”, or “our”, which expression shall unless the same be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, subsidiaries, successors in business and assigns). Please read the following terms and conditions as these terms of use (“Terms of Use”) constitute a legally binding agreement between you and us regarding your browsing, access and use of the Site and any functionalities, features, information, contests, services, products offered by us including but not limited to delivery of subscription based services via the Site, any mobile or internet connected device or otherwise (the “Service”). “User”, “you” or “your”: means any person, who is accessing, using the Service, in any manner whatsoever.

Registration

In order to access and use the Service, you are required to open an account (“User Account”). When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. You will also choose a password and a Username using your email. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password or device.

Eligibility

As an express condition of being permitted to open a User Account, you represent and warrant that you have the legal capacity to use this Service. Where you do not have legal capacity, you agree that your use of this Service is in conjunction with your parent or guardian.

Data collected

The data/information you provide us in order to access our services will be treated in accordance with our Privacy and Cookies policy. The privacy and cookies policy are also part of this agreement. By signing up, you agree that you accept the mode of processing, use, storage and disclosure of your information. We advise that you read these policies carefully.

Fees and Payment

1. Pricing. The currency in which your subscription is payable will be specified during the order process, depending on the Service and your country of residence. We will always tell you in advance of any increase in the price of the services and offer you have an opportunity to cancel it if you do not wish to pay the revised price.
2. Taxes. All pricing and payments fall under the purview of applicable Tax laws of Nigeria. Unless otherwise indicated, prices stated on Site are exclusive of applicable taxes.
3. Debit cards and Bank accounts. Our Service is provided through the use of debit cards and bank accounts. Any card you use must have a valid billing address and a valid card issuing bank. You agree that we should debit your card or bank account which you provide through our site after our third party payment gateway have confirmed your pin and other authentication processes which you are required to provide. We do not take any additional authentication or identity verification measures other than what we provide you on our Site that is sufficient and appropriate to protect your security for the proper use of the Service. Where you elect to pay for the service with your debit card, you warrant that the information you provide is correct and that you have the right to use such debit card. If we notice that the card details you provide for payment is invalid for any reason and so cannot be processed, we may suspend, terminate or cancel your account. You agree not to make fraudulent transactions while using this Service. Fraudulent transactions include but is not limited to – oThe use of a debit card by a person other than the authorized cardholder to access this Service. oUse of a card that is not authorized in terms of the rules governing the issuance and use of cards; Where we notice any fraudulent transactions on your account, we may, in addition to any other remedy available to us, be entitled to unilaterally terminate your use of this Service.
4. Payment. In your payment profile, we require you to set up your card or bank account that will be debited for the Service. We are working with a third party payment company that is PCI DSS (Payment Card Industry Data Security Standard) certified. Be assured that your card details are protected. You reserve the right to disable a card or bank account from being debited where you choose not to be debited again from that account for your next payment. If you use a debit card to order our Service, you will need to confirm that the debit card is yours. All debit card holders are subject to validation checks and authorization by the card issuer and the third party payment partner. If the issuer of your card refuses to authorize payment, we will not accept your request and we will not be responsible for any delay or non-provision of the relevant Service and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer, bank or payment gateway charging you as a result of our processing of your debit card payment in accordance with your request. You will be charged the fees set forth in the relevant service or as otherwise agreed with us in a written document signed by us.
5. Cancellation and Refund. All payment obligations less than 15days to the service delivery are non-cancellable and all Fees paid less than 15 days to the service delivery are non-refundable. If you demonstrate a pattern of repeated registrations for paid Service followed by cancellation and request for refund, we may, in our sole discretion, withhold further registrations.
7. Change in Fees: We may change the Fees and introduce new charges applicable to your use of the Service, which (unless otherwise agreed in writing with us) will become effective as of the first day of the renewal of your next service delivery. We may increase the Fees upon notice if we make changes in the Service at your request. You will also be notified about the increase in fees where applicable.

Intellectual Property

The information and Service including but not limited to the graphics, write up, pictures, User interface, contain the proprietary information of which Memorable Impact Limited is the owner and it is protected by the applicable intellectual property Laws of Nigeria. Therefore you agree that you shall not modify, alter, rent, sell or distribute the contents of Memo and you shall also not exploit same in any manner not authorized under this Terms of Use.

Feedback

You are under no obligation to give Memo any ideas, suggestions, comments or other feedback related to the Service (“Feedback”). If you elect to provide any Feedback, you agree that all such Feedback is non-confidential and that we own all rights to use and incorporate such Feedback into the Service, or any other product or service, without payment or attribution to you.

Term

Unless otherwise stated by us in writing, this Agreement starts from the first day you visit the Site and remains in effect for as long as you access or use the Service.

Termination, and Cancellation

Service Cancellation by You. You may cancel your subscription at any time by sending a written notice of cancellation to us at [email protected]. You will be requested to provide information to ascertain that you are the owner of the User Account and have the necessary rights to the account. Cancellations of subscriptions shall take effect at the end of your pre-paid service period which is at least 15 Days before the service delivery is due. Cancellation of the Service less than 15 Days to the service delivery does not entitle you to a refund of any prepaid Fees. We may decide to suspend or terminate your access to our Service where we notice and have reasons to believe that– A. You have breached any of the terms, public policy, or other terms, conditions, and policy; or/and B. You create risk or possible legal exposure for us; or C. Our provision of the Service to you is no longer commercially viable. D. You have breached or attempt to breach the security of the Service. Without limiting other remedies, we may issue a warning, suspend or terminate your access and refuse to provide our Service to You if: E. We are directed by law enforcement or other government agencies to do so F. We are directed by a Card Network or issuing financial institution; or G. We believe that your actions may cause financial loss or legal liability for you, our users or to us. H. We suspect that you have engaged in suspicious or fraudulent activity in connection with the use of the Service. I. An unexpected technical issue or problem occurs. We may at its discretion, for the purpose of any investigation or an action in connection of the Service provided herein, suspend any User of the use of its application until the determination of such investigation or claims. You agree that for these purposes you shall not sue us, our directors or employees for the recovery of damages suffered by you during this period. You also agree that you waive all right of notice in such circumstances.

Effect of Termination

Upon expiration or termination of this Agreement, including by your cancellation, or if you de-register your User Account, all your rights as a User with respect to the Service shall terminate immediately. You acknowledge and agree that we may erase all User data and information stored on our servers within reasonable period of time following expiration or termination of the Agreement or de-registration of your User account, provided that we may retain copies of such data and information to the extent required by law, for archival purposes or as created by automatic computer backup and archived as part of normal computerized archiving systems, maintaining necessary technical and organizational measures.

Survival

Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability thereon, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose. We can bring an action against you for the recovering of damages, injunction or any other equitable remedy against you depending on the circumstances. These remedies are in addition to other remedies that may exist in law and equity.

Liability

You agree that we shall not be held liable for any special, punitive, collateral, exemplary, indirect, incidental or consequential damages (including without limitation, loss of goodwill, loss of profit or revenue, loss of savings, loss of use, interruptions of business, and claims from or in connection with the Service herein provided whether an action is in contract or tort and regardless of the theory of liability whatsoever arising from or related to either this Agreement or the Service. We do not, in any event, accept liability for any failure to perform the Service as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations. Where a jurisdiction does not allow the exclusion of certain warranties or disclaimers or the limitation or exclusion of warranties, in such case our liability shall be the minimum permitted under such applicable law. Notwithstanding anything contained herein under this agreement, our total liability arising out of this Terms of Use or in connection with the Service or breach of any warranty or obligations under this Terms of Use shall not exceed the amount that has accrued to us (paid by you) one (1) month immediately preceding the date the first such claim arises. No liability shall lie against us more than one (1) year after the occurrence of the cause of such liability. We are not liable for all actions or inactions of the third party not acting on our written instructions neither shall we liable for any action not traceable to us.

User obligations

Your obligations as a User include;

Provision and maintenance of all necessary data used for this Service.
Where there is an update, you are solely responsible for updating the data at least 10 days to the service delivery.
Compliance with the Terms of Use of this Service.

Governing law

This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.

Settlement of dispute

We hope that you continue to use this Service with no disagreement. You irrevocably agree that if a dispute arises between you and us, in connection with the interpretation, implementation or operation of this Terms of Use, we shall resolve the same amicably. Where we are unable to resolve the dispute amicably within 20 working days, then the dispute shall be referred to arbitration. The arbitration shall be in Lagos, Nigeria and the arbitral proceedings shall be conducted by a single arbitrator appointed jointly by both of us. The arbitrator shall apply the Arbitration and Conciliation Act, Cap A18 LFN 2004 and the arbitral proceedings shall be in the English language.

Indemnity

By using this Service, you agree to defend and indemnify us, our officers, directors, employees, agents, licensors, and suppliers, from and against all financial and reputational losses due to data security breach or the unauthorized use of shared personal information, any loss of funds, fraud, damages, actions, interest, awards, demands, liabilities, actions, judgment, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, damages and proceedings that may be made by any third party arising as a consequence of negligence and unlawful acts or omissions of your use of this Service.
You agree to indemnify us with respect to any negligent acts or omissions, or willful conducts of your employees or agents, where you violate any applicable law, statute or regulation in the course of using this Service or any modification or amendment of the prescribed terms of use communicated by us that we did not specifically approve in writing, any modification of or addition to the Service not provided or approved by us or your failure to comply with this Terms of Use or any part thereof.
This section will not be construed to limit or exclude any other claims or remedies to which we may be entitled hereunder or in law or equity.

Violation of this Terms of Use

We reserve the right to disclose any information provided where such disclosure is necessary for any investigation or complaint received in your violation of the Terms of Use contained in this site. We also reserve the right to disclose such information where it is intended to bring an action against such person’s acts. We shall also disclose such information where an applicable law requires same for fraud purposes or upon request by the government You agree that we reserve the right and at its own discretion to terminate your access to this Service without giving you any prior notice where you breach any of the terms, conditions, and guidelines. Upon the breach of these terms, you agree that we can bring an action against you for the recovery of damages, injunction or any other equitable remedy against you depending on the circumstances.

Force Majeure

Neither of us will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, laws and regulations made by regulatory bodies, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Disclaimer

WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THIS SERVICE SHALL BE WITHOUT FAULT OR ERROR, HOWEVER, WE WARRANT THAT WE SHALL USE OUR BEST ENDEAVOURS TO ENSURE THAT MEMO FUNCTIONS OPTIMALLY AT ALL TIMES AND WITHIN GENERALLY ACCEPTED INDUSTRY STANDARDS. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED OR OTHERWISE WITHOUT LIMITATION THAT THIS SERVICE IS FREE FROM DEFECT OR USE FOR A PARTICULAR PURPOSE, YOU BEAR THE RISK AS TO USING THIS SERVICE FOR ANY PURPOSE AND QUALITY. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY RISK SUFFERED BY YOUR HARDWARE OR SOFTWARE, BE IT THAT THEY BECOME DELETED OR CORRUPTED OR THAT SOMEONE UNAUTHORIZED GAINED ACCESS TO YOUR INFORMATION. WE DO NOT GUARANTEE OR WARRANTY THAT THE SERVICES PROVIDED UNDER THIS SERVICE SHALL BE FREE FROM VIRUSES, ATTACK, CORRUPTION, HACKING AND INTRUSION FROM THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY DATA CHARGES INCURRED BY YOU DURING THE USE OF THIS SERVICE.
WE SHALL USE REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION YOU PROVIDE UNDER THIS SERVICE IS PROTECTED. HOWEVER, YOUR SUBMISSION OF THIS INFORMATION IS SOLELY AT YOUR OWN RISK AND YOU ABSOLVE US OF ANY LIABILITY THAT MAY ARISE FROM SUCH INFORMATION GIVEN.

Miscellaneous

These terms and conditions constitute the entire agreement between you and us and it supersedes any other communication or terms prior to it.
The headings in this document are for convenience only and are not intended to have any legal effect nor purport to be complete or accurate descriptions of the content thereof and shall not be used to interpret the provisions of this document.
In the event, any of the aforesaid Terms of Use shall be rendered/held to be unenforceable due to any regulatory changes, the remaining Terms of Use shall be unimpaired, and the unenforceable term or condition shall be replaced by such enforceable term or condition as may come closest to the intention underlying the unenforceable term or condition.

No Partnership

This Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, therefore, neither party has the right to bind the other to any agreement with a third party.

No Partnership

Waiver

You agree that where we do not take action against you for your breach of any of the Terms of Use provided that such does not serve as a waiver of its right against you. Such rights exist even after your User Account has been terminated and so we reserve the right to bring an action against you any time.

Money Laundering Disclaimer

We are not and will not be liable for any claim or liability resulting from the breach of the Money Laundering (Prohibition) Act 2011 (As Amended). Where any User uses this Service for a transaction which is an offence that falls within the provisions of the Act or any law for the purpose of preventing money laundering or other crimes of whatever nature, such User becomes liable to the appropriate authority.

ANTI-CORRUPTION

You hereby undertake that, you have not and will not offer, promised, give, authorize, solicit or accepted any undue pecuniary or other advantage of any kind (or implied that you will or might do any such thing at any time in the future) in any way connected with the Terms of Use and that you have taken reasonable measures to prevent third parties, subject to your control or determining influence, from doing so.
You also agree that you shall comply with all applicable anti-bribery and anti-corruption Laws, regulations, and codes of practice in Nigeria and other any relevant jurisdiction including.

For any enquiries contact us at
Memorable Impact Limited,
7b Joseph Amadi St, Chevron Lagos,
Nigeria.
Speak with our Customer Care and get feedback within (twenty-four) 24hours. Call us on +234-815-380-6478
You can also send us an e-mail [email protected]