Terms of Service
By signing up for an account on this website (https://nesyne.com/), any of our websites or services, you are deemed a User and agree to these User Terms of Service (the “Agreement”).
PLEASE READ THESE USER TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP AS A USER. If you do not agree to any or all of these Terms of Service, DO NOT USE THIS SITE!
Nexgene Synergia (“we”, “us” or “our”) Nexgene Synergia is a technology driven value chain company focused on helping the majority of Africans meet their basic needs conveniently.
Our goal is to create a locked flow of values through strategic synergy.
We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis.
These User Terms of Service is an agreement between you and Nexgene Synergia . It details Nexgene Synergia’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.
To use Nexgene Synergia , you have to create a Nexgene Synergia account by registering. To register, you will provide us with certain information such as your email, first name, last name, and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.
Change of Information
In the event that you change any information provided to us at registration including your name, address, financial institution, mode of payments or services that you subscribed for, or where a corporate restructuring occurs you agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us
Representation and Warranties
You represent and warrant to Nexgene Synergia that:
- you have full power and authority to enter into, execute, deliver and perform this Agreement;
- you are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.
Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.
You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Nexgene Synergia will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Nexgene Synergia’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Nexgene Synergia’s services and not sharing your device with other people).
You agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (PCI DSS Requirements”) and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and disclosure of user information. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.
We are responsible for the security and protection of Card Holder Data (CHD) we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that CHD is kept safe and secure on our servers, in compliance with the PCI DSS Requirement. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards.
We acknowledge that you own all your customers’ data. You hereby grant Nexgene Synergia a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:
- providing and improving our services;
- internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data;
- complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and
- any other purpose for which consent has been provided by your customer.
We hereby grant you a revocable, non-exclusive, non-transferable license to use Nexgene Synergia’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the Nexgene Synergia’s services. If you do not comply with the documentation and any other requirements provided by Nexgene Synergia, then you will be liable for all resulting damages suffered by you, Nexgene Synergia and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.
We hereby grant you a revocable, non-exclusive, non-transferable license to use Nexgene Synergia’s trademarks used to identify our services (the “Trademarks”) solely in conjunction with the use of our services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to Nexgene Synergia (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks.
We do not grant any right or license to any Nexgene Synergia intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.
Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.
You hereby grant Nexgene Synergia permissions to use your name, pictures and passport photographs in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases.
The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.
As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.
Card Network Rules
Each card network has its own rules, regulations and guidelines. You are required to comply with all applicable Network Rules that are applicable to merchants. You can review portions of the Network Rules at Mastercard, Visa, Verve and other payment cards. The Card Networks reserve the right to amend the Network Rules.
Our Fees & Pricing Schedule
You agree to pay the required subscription fee for the services we render as a value chain company. The required subscription fee will be calculated as demonstrated on the subscription page on the website and can be calculated on the same page using the “little calculator” we provided.
We reserve the right to revise our subscriptions fees. In the event that we revise our fees we will notify you within 5 days of such change.
Security and Fraud Controls
Nexgene Synergia is responsible for protecting the security of Payment Data including CHD in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorised access and accidental loss or modification. Although, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such personal information for improper purposes. We will however take all reasonable and commercially achievable measures to address any security breach as soon as we become aware.
You agree to use other procedures and controls provided by us and other measures that are appropriate for your business to reduce the risk of fraud.
In the event that you suspect any fraudulent activity, you agree to notify Nexgene Synergia immediately. In addition, where we suspect that there have been frequent fraudulent access to your account, we reserve the right to cancel our service to you and/or your account
Notification of Errors
You agree to notify us immediately any error is detected while reconciling transactions that have occurred using Nexgene Synergia. We will investigate and rectify the errors where verified. In the event that we notice any errors, we will also investigate and rectify such errors.
Where we owe you money as a result of such errors, we will refund the amounts owed to you by a bank transfer to your Bank Account.
If a transaction is erroneously processed through using your details, report to us immediately. We will investigate any such reports and attempt to rectify the errors.
Failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to amounts that are owed to you due to an error.
If for any reason you cancel your account by filling in the account cancellation form and submitting it to Nexgene Synergia within seven (7) or thirty (30) days of the beginning of your service, Nexgene Synergia will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the Money-Back Guarantee. If you have ever previously obtained a refund under the Money-Back Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that if your request for a refund falls within thirty (30) days of the beginning of your subscription, Nexgene Synergia, will charge you 12% setup and processing fee.
However if your request for a refund comes thirty (30) days after the beginning of your subscription, Nexgene Synergia , will refund the exact amount you subscribed with to you.
You may terminate this Agreement by closing your Nexgene Synergia Account.
We may suspend your Nexgene Synergia Account and your access to Nexgene Synergia services and any funds, or terminate this Agreement, if;
- you do not comply with any of the provisions of this Agreement;
- we are required to do so by a Law;
- we are directed by a Card Network or issuing financial institution; or
- where a suspicious or fraudulent transaction occurs
Restricted Activities & Acceptable Use Policy
You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Nexgene Synergia services, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it which you can read on our Acceptable Use Policy page.
WE TRY TO KEEP NEXGENE SYNERGIA WBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.
OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXGENE SYNERGIA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM NEXGENE SYNERGIA , ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “NEXGENE SYNERGIA PARTIES”) SHALL CREATE ANY WARRANTY.
Limitation of Liability
IN NO EVENT WILL ANY OF THE NEXGENE SYNERGIA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$5,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH NEXGENE SYNERGIA ’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF NEXGENE SYNERGIA ’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Nexgene Synergia Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Nexgene Synergia’s Party’s liability shall be the minimum permitted under such applicable law.
You agree to defend, indemnify, and hold Nexgene Synergia, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.
Updates, Modifications & Amendments
We may need to update, modify or amend our User Terms of Service as our technology evolves. We reserve the right to make changes to this User Terms of Service at any time by giving notice to users on this page.
We advise that you check this page often, referring to the date of the last modification on the page. If you have any objection to any of the changes to this User Terms of Service, you must cease using our website and/or services immediately.
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall Williams & Edward Chambers The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Port Harcourt, Nigeria.