Terms of Service
Revision date
October 7, 2022
App Terms
This Terms of Service (this “Agreement”) is an agreement between you and Ricki App Technologies Limited, including but not limited to legal persons, unincorporated organizations that provide Ricki Services.
This Terms of Service governs your use of all Ricki Services. You unconditionally accept and agree to be bound by the terms and conditions set out in this Terms of Service including the Privacy Policy as well any applicable laws and guidelines when you access the Ricki Platform or use any of the Ricki Services. If you disagree with any part hereof, kindly desist from using the Ricki Platform or any of the Ricki Services. You should read all of these terms carefully.
Eligibility
To be eligible to use or access the Ricki Platform, the following conditions must be met by you –
a) must create a Ricki user account on the Ricki Platform;
b) as an individual, be at least 18 or be of legal age to form a binding contract under applicable laws;
c) as an individual, legal person, or other organization, you have full power, authority and capacity to accept these Terms of Use;
d) as an employee or agent of a legal entity, you must have the full power, authority and capacity to accept these Terms of Service on their behalf and bind such legal entity to these Terms of Use;
e) you have not been previously restricted from using or accessing the Ricki Platform and Ricki Services
f) your use of Ricki Services will not violate any applicable laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing
Use of Information
You hereby acknowledge that in order to use or access the Ricki Platform or Ricki Services, you must provide us with correct and updated Personal Information.
Personal Information may include –identity data, identity documents, transaction data, and technical data. Your Personal Information shall be properly protected and kept confidential at all times.
We may use, process, store and transfer your Personal Information in order to –
a) provide Ricki Services to you;
b) comply with applicable laws and regulatory requirements;
c) secure your Ricki user account and maintain data and information security;
d) verify the identity details and bank account details which you provide to us;
e) protect our vital interests and that of others;
f) provide service communications;
g) provide customer service;
h) facilitate corporate reorganisations; and
i) implement direct marketing campaigns.
Security and unauthorised use
Ricki remains committed to providing adequate data and information security to ensure that the detection and prevention of fraudulent and unauthorised access to Ricki user accounts, however, it is of utmost importance that Ricki Users treat the credentials used to access Ricki Platform as confidential information and avoid the disclosure of same to anybody.
You hereby agree that you are responsible for maintaining adequate confidentiality and control of any and all credentials that you use to access the Ricki Services or Ricki Platform.
You acknowledge that Ricki shall not in any way be liable for any loss, damage or costs caused by authorized or unauthorized use of your Ricki user account credentials.
We will never request for your credentials via email, SMS or any other means. If you receive such communication, please disregard and contact us below –
Ricki Fraud Desk Email address: [email protected]
You should immediately notify Ricki if you believe there has been an unauthorized transaction or unauthorized access to your Ricki user account or your password or PIN has been compromised.
Confirmation of Gift card values
The details of every gift card including – card currency, card type, receipt type (where receipts are required), and card value shall be verified and confirmed when you upload the gift card on the Ricki Platform.
You hereby acknowledge that estimated pay-out amount of a gift card is subject to confirmation and may vary if there is any variance in the card details you provided upon verification and confirmation.
Prohibited Activities
During the use of the Ricki Platform or Ricki Services and in the course of your interactions with Ricki, affiliated third parties or other Ricki users, you will not –
a) Breach this Terms of Use, any policy and/or any agreement that you have agreed to with Ricki;
b) Breach any applicable laws and regulations;
c) Engage in or facilitate fraudulent activities including but not limited to taking any actions that defraud Ricki or a Ricki user;
d) Infringe on Ricki or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
e) Sell counterfeit goods and/or product or service that is prohibited by law or is contrary to public order or good moral;
f) Act in a manner that is defamatory, trade libellous, threatening or harassing to Ricki, our employees, agents or other Ricki users;
g) Provide false, inaccurate or misleading Personal Information;
h) Engage in potentially fraudulent or suspicious activity and/or transactions;
i) Receive or attempt to receive chargeback from both Ricki and the Merchant, bank or card issuer for the same transaction during the course of a dispute;
j) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and
k) Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information;
Termination and Restriction of Access
You hereby acknowledge that Ricki reserves the right to restrict access to your Ricki account and/or the termination of this Agreement upon the reasonable suspicion that you have contravened any of the terms and conditions contained in this Terms of Use
Ricki, in its sole discretion, reserves the right to terminate this Agreement and/or restrict access to the Ricki Services and Ricki Platform for any reason and at any time upon notice and payment to you of any unrestricted funds held in your wallet. If we limit access to your Ricki user account, including through the placement of a lien, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that Ricki’s decision to take certain actions, including limiting access to your Ricki user account, may be based on confidential criteria that is essential to our management of risk, the security of other Ricki users’ accounts and the Ricki Platform. You agree that Ricki is under no obligation to disclose the details of its risk management or its security procedures to you.
Disclaimers and Limitation of Liability
Disclaimer
THE RICKI SERVICES AND PLATFORM ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. RICKI, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Ricki does not guarantee continuous, uninterrupted or secure access to any part of the Ricki Services, and operation of the Ricki Platform may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. Ricki will make reasonable efforts to ensure that service requests are processed in a timely manner, but Ricki makes no representations or warranties regarding the amount of time needed to complete processing because the Ricki Services are dependent upon many factors outside of our control, such as delays in the banking system or delays by partners and vendors.
Ricki does not have any control over the products or services provided by third-parties and paid for with the Ricki Services. Hence, Ricki cannot ensure that the third-party would actually complete the transaction or is authorized to do so.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RICKI AND ITS SUBSIDIARIES AND AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GLOVER SERVICES AND PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
To the maximum extent permitted by law, in no event will any liability of Ricki and its subsidiaries and affiliates, officers, directors, agents, employees or suppliers to any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any use of, or inability to use of the Ricki Platform, any content displayed on Ricki Platform and any linked third-party websites exceed (in aggregate) the fees earned by Ricki in connection with your use of the Ricki Platform in the 6 (six) month period immediately preceding the event giving rise to the claim for liability.
Changes
Ricki reserves the rights to make changes to this Terms of Use without notice. You are required to visit this page regularly as your continued use of the Ricki Platform or Ricki Services will be deemed as an unconditional acceptance and agreement to be bound by the revised Terms of Use.
Notwithstanding the foregoing, will do our best to notify you of any changes to the Terms of Service and any such notice will be published on the Ricki Platform by posting same on our website, sending push notifications through on the mobile app or sending an email to the email address associated with your Ricki user account.
Governing Law
This Agreement and the rights and obligations of the Parties hereunder shall be governed by and interpreted and construed in accordance with the laws of Nigeria.