Mobgidi
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  • Terms And Condtions
    Our Terms and condition at Mobgidi

Mobgidi provides an interactive commerce service across multiple digital media and transactional platforms and via other affiliates subject to the terms, conditions, and policies listed below.

ACCEPTANCE OF TERMS AND CONDITIONS

By continuing to access this site or any other Mobgidi platform or service, you are acknowledging that you are in agreement with the terms and conditions listed herein.

Mobgidi retains the right to modify our terms and conditions at any time without prior notice. Such changes may include, among other things, the adding of certain fees or charges. We insist that you read our terms and conditions periodically as there might be amendments, or additions which might impact your use of our platform.

Mobgidi takes no responsibility for the services or products for which Mobgidi certificates ("Offers") may be redeemed - Mobgidi makes no warranty to the Mobgidi End Users for the quality, safety, usability or other aspect of the product or service for which the Mobgidi is redeemed. Some services for which Offers can be redeemed are activities that may involve potential bodily harm and for those activities, Mobgidi takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for which the Mobgidi can be redeemed. See Section 7, below, for more information on this limitation of Mobgidi's liability.

The Offer you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Mobgidi, is the seller of the goods and services and is solely responsible for honouring any Mobgidi.com Coupon you purchase. Mobgidi sells a Coupon that can be redeemed in connection with your purchase of the goods or services from the Merchant. Mobgidi makes no warranty about the standard or quality of any product or service and bases its promotional material on information provided by the business and its affiliates.

General.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Mobgidi, and Mobgidi shall not be responsible for any data lost while transmitting information on the Internet. While it is Mobgidi's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Mobgidi, access to the Site may be interrupted, suspended or terminated from time to time. Mobgidi shall have the right at any time to change or discontinue any aspect or feature of Mobgidi, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Mobgidi may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Mobgidi shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or country-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Mobgidi's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Mobgidi's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Mobgidi.

The foregoing provisions of this Section apply equally to and are for the benefit of Mobgidi, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Copyright and Trademarks.

Everything located on or in this Site, including the Microsites, is the exclusive property of Mobgidi, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MOBGIDI IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Mobgidi protected by copyright as a collective work under the Federal Republic of Nigeria and foreign copyright laws.

Mobgidi owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Mobgidi and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Mobgidi shall not be deemed to be in the public domain but rather the exclusive property of Mobgidi, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Mobgidi, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Mobgidi does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Mobgidi the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Mobgidi the right to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of this Section apply equally to and are for the benefit of Mobgidi, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If End User or any user of this site believes its copyright, trademark or other property rights have been infringed by content on the Site, End User or other user should send notification to Mobgidi's Designated Agent (as identified below) immediately. To be effective, the notification must include:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

Provide information reasonably sufficient to permit us to contact you (email address is preferred).

Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Sign the paper.

Send the written communication to the following Designated Agent for Claimed Infringement:

Contact: Mobgidi Support

Address: hello@Mobgidi.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Nigerian Copyright Office for adjudication.

Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER MOBGIDI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT MOBGIDI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL MOBGIDI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MOBGIDI, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

MOBGIDI IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MOBGIDI. MOREOVER, MOBGIDI RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, MOBGIDI, DEEMS UNSUITABLE.

Monitoring

Mobgidi shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Mobgidi, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mobgidi shall have the right to remove any material that Mobgidi, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. Mobgidi does not control or endorse the content, messages or information found in any Community, and, therefore, Mobgidi specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Mobgidi (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Mobgidi as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Mobgidi the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Mobgidi's Privacy Policy.

License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Mobgidi a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Indemnification.

End User agrees to defend, indemnify and hold harmless Mobgidi, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.

Termination

Mobgidi may terminate this Agreement at any time. Without limiting the foregoing, Mobgidi shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Mobgidi, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

Trademarks.

Unless otherwise indicated, all trademarks appearing on Mobgidi are the property of their respective owners.

Third Party Content.

Mobgidi, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Mobgidi has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Mobgidi. Neither Mobgidi nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Mobgidi. Mobgidi neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Mobgidi by anyone other than authorized Mobgidi employee spokespersons while acting in official capacities. Under no circumstances will Mobgidi be liable for any loss or damage caused by an end user's reliance on information obtained through Mobgidi. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Mobgidi.

Mobgidi contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Mobgidi of the contents on such third-party sites and Mobgidi hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Mobgidi expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Mobgidi reserves the right to revoke its consent to any link at any time in its sole discretion.

Miscellaneous.

This Agreement and any operating rules for Mobgidi established by Mobgidi constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside those where we maintain a legal entity, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Mobgidi's headquarters are in Lagos, Nigeria. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the Federal Republic of Nigeria (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Lagos, Nigeria under the applicable rules of arbitration.

By placing an Order, you make an offer to us to purchase the Coupons you have selected on the terms and conditions stated below. For more information, please view our privacy policy.

You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.

The Mobgidi Coupon you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Mobgidi, is the seller of the goods and services and is solely responsible for redeeming any Mobgidi you purchase. Mobgidi sells a Coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.

Terms and Conditions for Restaurant-Specific Coupons

For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Mobgidi Coupons.

Redemption frequency is determined by restaurants, and shall be contained in the details of the offer on Mobgidi.

Use of Restaurant-Specific Coupons for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all laws pertaining to the same.

It is at the discretion of the restaurant to determine whether Mobgidi Coupons can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.

Restaurant-Specific Coupons cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.

Valid for dine in or takeout only unless otherwise stated.

The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.

Neither the seller nor the restaurant is responsible for lost or stolen Coupons.

Reproduction, sale or trade of this Restaurant-Specific Coupon is prohibited unless done so in compliance with the law.

Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Coupons void.

Void to the extent prohibited by law.

All purchases of Coupons for Restaurants may have statutory limitations on the amount of the Coupon value that can be redeemed for alcoholic beverages. Compliance with applicable statutes or codes is the responsibility of the Merchant. Mobgidi's sole role in the transaction is as a marketing agent for the Merchant Coupon, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Mobgidi has no role in such determination or action on the part of the Merchant.

Terms and Conditions for Non-Restaurant Coupon

Any product or service purchased on Mobgidi must only be redeemed using the Order confirmation details provided at completion of purchase.

Mobgidi Coupon may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges unless explicitly stated in the order.

Limit one (1) order confirmation per redemption. Only one order confirmation can be used per order.

The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.

Neither the seller nor the merchant is responsible for lost or stolen Order confirmation details. The customer is responsible for keeping the information secure.

Coupons on Mobgidi cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by merchant.

Reproduction, sale or trade of Mobgidi Coupons are prohibited unless done so in compliance with the law.

Any attempted redemption not consistent with these terms and conditions will render the certificate null and void.

The Mobgidi offer (including, but not limited to, any discounts) expires on the date specified on the details section of the offer, except that the Merchant may continue to redeem the unused cash amount you paid for the product or service (which is usually less than the original face value of the Mobgidi Coupon) to the extent required by applicable law. See section 3 for a more detailed explanation.

If you redeem your Mobgidi Order for less than its face value, you will not be entitled to a credit, cash or a new Mobgidi offer equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.

Additional Terms and Conditions for All Mobgidi Products

Coupons printed from the Mobgidi website or any website associated with Mobgidi (hereinafter "confirmations") are promotional Coupons that may be offered to customers below their face value and shall be subject to the terms and conditions of Mobgidi and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.

Adherence to the specific limitations on the quantity of Mobgidi Coupons that can be purchased and used by one person is the responsibility of the individual. In the event that you try to redeem more Mobgidi Coupons than permitted in the specific deal terms, the Merchant is within their rights to refuse redemption without compensation or refund. Mobgidi is also within their rights to refuse requests for compensation or refund for Mobgidi Coupons bought in contravention to the specific deal terms.

The holder and issuer of a Restaurant-Specific Coupon is the restaurant. The holder and issuer of a Merchant Coupon is the Merchant. As a holder and issuer of the Coupon, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Coupons. Restaurant-Specific Coupons and Merchant Coupons are redeemable in their entirety only and may not be redeemed incrementally.

According to the laws of the respective country in which you purchased your Mobgidi Coupon, and in which you wish to redeem your Mobgidi Coupon at the Merchant, the Merchant is responsible for allowing you to redeem your Mobgidi Coupon for the cash value based on the money you actually paid for your Mobgidi Coupon (i.e. if you paid N2000 for a Mobgidi Coupon which gives you N5000 worth of value to the Merchant, the cash value that you paid is N2000, not N5000), for a period of time that may extend beyond the expiration date on the Mobgidi Coupon. While the expiration date on the Mobgidi Coupon dictates the last date that you can use your Mobgidi Coupon at the Merchant for the promotional offer which is stated on the Mobgidi Coupon, national laws (which vary country-by-country, and which are generally made available by each Country on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Mobgidi Coupon for a period of time beyond the expiration date stated on the Mobgidi Coupon. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of Mobgidi, as Mobgidi is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Coupon on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.

LOTTERY TERMS AND CONDITIONS

1.1 The websites at www.mobgidi.com/lottery (together, the “Website” and trading as "MOBGIDI LOTTERY") is owned and operated by Mobgidi

2 REGISTRATION AND ACCEPTANCE OF THE CONDITIONS

2.1 These terms and conditions (“Conditions”) include the terms of the MOBGIDI LOTTERY privacy policy, which may be accessed from the "homepage" of the Website. Accordingly, all customer personal information will be treated confidentially and will not be sold or otherwise transferred to third parties.

2.2 If a player accesses the Website or registers with MOBGIDI LOTTERY via the Website, they will be deemed to have accepted these Conditions. Players may copy these Conditions and store them for future reference. Players must read the provisions set out below carefully and confirm their agreement to them before using the Website.

2.3 Players will be required to create an ID and password to open an account with MOBGIDI LOTTERY. Instructions for registration can be found on the “Register Now” section of the Website. Players are asked to ensure that their player ID and password remain strictly private and confidential at all times. Players must notify MOBGIDI LOTTERY immediately of any unauthorized use or suspected unauthorized use of their player ID or password, or of any breach of security known to them. Players are responsible for all activities which occur under their player ID and password, save where such activities occur as a result of MOBGIDI LOTTERY’s negligence.

2.4 Players must satisfy the following criteria for registration on the Website: (a) it is lawful for them to receive the Services (as defined in Clause 3.1 below) from MOBGIDI LOTTERY in the jurisdiction in which they are located; (b) aged at least 18 years of age; and (c) provide a valid full name, address, contact telephone number and email address.

2.5 It is the Players’ responsibility to ensure that they comply with any and all laws applicable to them before registering or participating in any activity through the Website.

2.6 Players residing or present in any jurisdiction where receipt of the Services would be a prohibited activity are not permitted to register on this site or receive the Services.

2.7 MOBGIDI LOTTERY its agents and anyone on their behalf make no representations or warranties, expressed or implied, as to the lawfulness of any player’s participation in any activity through the Website including, but without limitation to, the legality of the receipt of Services by players in their residing jurisdiction.

2.8 MOBGIDI LOTTERY reserves the right to require players to verify that they are eligible to register on the Website, to carry out checks or request information from players from time to time (during and after registration) and to refuse, suspend or cancel registration of an account in its absolute discretion (for example, including but not limited to if a player provides any false, invalid or misleading information).

2.9 On completion of registration, players will be notified by email and/or text that their account is open and they will be able to use MOBGIDI LOTTERY to purchase tickets for lotteries or services delivered by MOBGIDI LOTTERY in accordance with these Conditions.

2.10 Participants hereby agree that personal data supplied when participating in the Lottery may be used by the Organizer to monitor participation in the Lottery, to provide services to Participants from time to time and to evaluate service improvements.

SERVICE DESCRIPTION

3.1 Mobgidi lottery is a subscription and on-demand based lottery service that will allow customers play a variety of lottery games. Mobgidi lottery games include but not limited to Lucky Digits, Nine Doors, Lucky Cards, Trivia game and much more. Customers will be required to access the games via SMS, USSD, IVR, WEB and APP version. Mobgidi lottery service gives customers the opportunity to win a variety of prizes which includes but not limited to:

  • Cash prizes
  • Airtime

3.2 Lucky 7, the pilot game is a subscription and on-demand game in which a player selects a 7 digit number and sends to the shortcode 6621 for MTN subscribers. A lottery draw will be done every evening to reveal the winning 7 digit number. Winnings are based on how best the player can match his digits to the digits in the drawn number.

3.3 Lucky 7 consists of 4 packages:

  • 7D daily (7D)
  • 7D Weekly (7DW)
  • 7D VIP (7DV)
  • 7D On Demand

LOTTERY DURATION

4.1 The lottery games will have a renewable duration of 12 months. The start date will be on June 2017 and renewed June 2018.

4.2 The Lottery games is renewable every 12 months.

PLAYING LOTTERIES WITH MOBGIDI LOTTERY

5.1 Mobgidi lottery can be played via SMS, USSD or via WEB. All mediums offer the same chances of winnings and all have fair opportunities. The winnings are determined by each games mechanics.

5.2 Prices on the Website are displayed in Naira (unless otherwise stated) and are exclusive of VAT. Charges for the Services will be in accordance with the fees stated within the “FAQ/How To” of the Website.

5.3 Financial transactions to add funds to player's online member accounts are made using a credit card, bank transfer, airtime or Gidicoins. Players may fund their online member accounts via the Websites using the secure encrypted payment gateways. Payment by credit card is subject to authorization by the credit card issuer. If authorization is refused, MOBGIDI LOTTERY will not be liable for any delay or non-delivery of Services and the Submission and/or Subscription Request will be deemed to be cancelled.

All funds deposited into a players account are deemed to be payment for current or future entries and may NOT be withdrawn unless an authorized representatives of MOBGIDI LOTTERY deem, in their sole discretion, that there was a technical error at this portion of the transaction.

In the case of credit/ debit card deposits, the player acknowledges that-

  • (a) MOBGIDI LOTTERY CANNOT refund a portion of a transaction made back to the players’ credit card or other financial institution.
  • (b) Should MOBGIDI LOTTERY deem that an error has been made during a transaction, the transactions will only be VOIDED within a maximum of time-frame of 10 working days from player submission, and before the transaction is processed by our acquiring bank. Should a player query a transactions after this time frame, MOBGIDI LOTTERY cannot VOID the transaction.

5.4 MOBGIDI LOTTERY maintains a policy of responsible play (refer to responsible play for more information), and reserves the right to monitor, suspend or cancel a player’s online member account (or advise players that they may be at risk of such action) if it believes players are purchasing an excessive amount of the Services.

5.5 All ticket purchases will be debited from the credit card players register on the Website (or from players’ online members accounts in the case of bank transfer) immediately.

5.6 No refund and/or amendment is available once MOBGIDI LOTTERY has received a player’s instructions to proceed with the purchase of a ticket. Submissions or Subscription Requests can be amended until players click on the “Confirm Payment” link, after which time they cannot be amended or refunded as ticket purchase instructions, and/or instructions to provide the additional services, will have been sent via MOBGIDI LOTTERY’s secure server.

5.7 Players can cancel their membership at any time by sending an email to hello@mobgidi.com stating that they wish to cancel their membership. If a player cancels their membership, or if MOBGIDI LOTTERY suspends or cancels an account (under Clauses 2.6 or 3.4 above), any winnings held within a player’s online member account will remain in their account until verified payment instructions are received. Players can instruct MOBGIDI LOTTERY to repay winnings from their online member accounts by sending a transfer request on the “contact us” section of the Website. Payments will be made to the current bank account details held by MOBGIDI LOTTERY in the player’s choice of Euros, Australian dollars or Pounds sterling. Winnings will be paid at the rate of exchange given through MOBGIDI LOTTERY’s money transferring company and/or banking institution.

5.8 It is the players’ responsibility to ensure that any information or instructions given to MOBGIDI LOTTERY are correct and accurate (e.g. the correct numbers requested for a lottery ticket or the correct banking details).

5.9 Should any player not receive confirmation that: (a) MOBGIDI LOTTERY has successfully been notified of any payment or (b) they have been subscribed to the additional services via email or SMS within 30 minutes after making a payment, please email MOBGIDI LOTTERY at hello@mobgidi.com or call 0700-MOBGIDI

5.10 Daily subscription service (SMS and USSD) - Our daily recurring service begins as soon as your initial payment is successfully processed. You will be charged for the remaining draws every day and then charged the rate stated at the time of purchase, until you cancel. Cancellations of recurring subscriptions can be made any time by sending STOP to the shortcode 6621 in the case of SMS/USSD.

5.11 Daily subscription service (WEB and APP) - The daily recurring service only applies to SMS lottery games. Plays via debit/credit card will not have to indicate a replay by visiting the website to replay another game.

SUBSCRIPTION CHARGES

6.1. The charges for the four packages and are as follows, (incl. Tax).

Plan Keyword Stop Keyword Tariff/Validity Number Selection Number of Plays Cut Off Time
Daily 7D to 6621 STOP 7D N30/Day System generates a 7 digit number for player 1 number per day 5:45pm
Daily DD<7digits> to 6621 (e.g. DD0000000) N30/Per digits sent User plays 7 digits number Multiple 5:45pm
Weekly DW<7 digits> to 6621 DW0000000 N50/Week User plays 7 digits number Multiple 5:45pm (On Sunday)
Weekly 7DW STOP 7DW N50/Week System generates a 7 digit number for player 1 number per week 5:45pm (On Sunday)
VIP 7DV STOP 7DV N100/Day System generates a 7 digit number for player 1 number per day 5:45pm Everyday
On Demand 7 digits number N100/play User selects a 7 digit number 1 number per day 5:45pm Everyday

6.2. All other interactions with the program are free of charge.

6.3. In the case of charges other than above packages, Mobgidi Lottery shall deem it fit to refund the participant after careful investigation.

INTERACTING WITH THE MOBGIDI LOTTERY PROGRAM

7.1. Upon texting preferred keyword to 6621, user shall receive notification to confirming entry for keyword entered.

7.2. Upon receipt of notification, it shall state clearly

  • User’s lotto number
  • Draw time

7.4. User can make enquiries of their balance by texting balance to 6621

7.5. User shall have a minimum of N5000 and N500 for cash withdrawal and airtime purchase respectively before request for withdrawal/purchase can be lodged.

WINNING, NOTIFICATION AND PRIZE FOREFEITURE

8.1. All winnings will be credited to players’ MOBGIDI LOTTERY online member accounts or phone depending on the amount won. Mobgidi lottery agents will also contact winners on how and where to redeem prizes which cannot be credited into phones due to amount.

8.2. Winners within Lagos state will be contacted by Mobgidi agents to pick up prizes in Lagos offices and asked to take pictures for media purposes.

8.3. Before prizes can be claimed, the user must have all details filled on MOBGIDI.

8.4. In the case of raffle draw, promotion or giveaway, prizes will be assigned to winners randomly from all eligible entries.

8.5. Every winner will be contacted by Mobgidi Lottery customer care representative on the phone number he has used to participate in the Program. Mobgidi Lottery CCR will attempt to contact the winner at least 3 times a day over a period of 2 weeks, between the hours of 9am and 8pm. If the winner cannot be contacted during this period, he forfeits the prize.

8.6. If a winner fails to redeem his/her prize within 4 weeks from the date of contact, the prize is deemed Forfeited.

8.7. In the case of cash prize, every winner shall have his/her phone number on Mobgidi website registered before any request can be approved.

8.8. By accepting a prize, a winner consents to the use of his first name, initial of last name, city of residence, photograph and likeness in any promotional material produced by Mobgidi Lottery Games. Such does not entitle the winner to any further compensation.

8.9. Each participant (MSISDN) is entitled to receive only one prize per prize category.

8.10. Any expense not explicitly indicated as part of the prize, including but not limited to insurance, travel expenses, accommodation, license fees or taxes, are the responsibility of the winner.

  • (a) The player reserves the right to send in a name he/she will want to be displayed on site as well as promotional materials.

8.11. Participants must be at least 18 years to participate.

8.12. Amounts below N1 million will be paid electronically (via bank transfer to winning accounts.) Amounts above N1 million will be presented to winners by a representative of MOBGIDI LOTTERY in cheque.

8.13. MOBGIDI LOTTERY reserves the rights to assign products of equal value to the winning amount to winners.

8.14. WINNING CRITERIA

WINNING CRITERIA EXAMPLE CATEGORY
JACKPOT This happens when a Player matches all 7 digits in the drawn number in the same order as the played 7 digits number If draw number is 4356729 and the player/system plays 4356729, the player has matched the 7 digits and wins the jackpot. 1ST
6 DIGITS MATCHING This happens when a Player matches 6 digits in the drawn number in the same order as the played 7 digits number If draw number is 4356729 and the player/system plays 4356721, the player has matched the 6 digits and wins the jackpot. 2ND
5 DIGITS MATCHING This happens when a Player matches 5 digits in the drawn number in the same order as the played 7 digits number If draw number is 4356729 and the player/system plays 2356729, the player has matched the 5 digits and wins the jackpot. 3RD
4 DIGITS MATCHING This happens when a Player matches 4 digits in the drawn number in the same order as the played 7 digits number If draw number is 4356729 and the player/system plays 4356238, the player has matched the 4 digits and wins the jackpot. 4TH
3 DIGITS MATCHING This happens when a Player matches 3 digits in the drawn number in the same order as the played 7 digits number If draw number is 4356729 and the player/system plays 3156738, the player has matched the 3 digits and wins the jackpot. 5th

FRAUD, ABUSE AND DISQUALIFICATION

9.1. In the event of any player being engaged in any kind of fraudulent behaviour (in MOBGIDI LOTTERY’S reasonable opinion) in relation to these Conditions, any tickets purchased on MOBGIDI LOTTERY will be the sole property of MOBGIDI LOTTERY and any lottery winnings shall also be the sole property of MOBGIDI LOTTERY. MOBGIDI LOTTERY reserves the right to notify the relevant authorities of any such fraudulent behaviour.

9.2. Players are not permitted to request the Services or otherwise use or access the Website from any jurisdiction in which it is unlawful to request the Services.

9.3. Players are not permitted to request withdrawal of monies when the principle amount deposited has been done so specifically to claim one of our promotional bonuses. For example if a promotion on our website claimed that you may receive a bonus on depositing a specific amount of money for the purchase of tickets within our website, these promotions are offered in GOOD FAITH by MOBGIDI LOTTERY and the principle amount must actually be used to purchase tickets and not be refunded once the promotional bonus has been allocated, unless a prior agreement has been made and documented.

PERSONAL DATA PROTECTION

10.1. By participating in the Mobigidi lottery, the participants expressly agree that personal data which they supply shall be processed by Mobgidi Lottery for the purposes of executing of publicizing Mobgidi Lottery Games. It is hereby specified that Mobgidi Lottery guarantess that publicity entailing the sharing with third parties of personal data supplied as a result of participation in Mobgidi Lottery, (including through television, the press, leaflets and other means and formats of communication) shall be made only with respect of the winners of the prizes and will only indicate the given names and surnames of the winners, location of their place of residence, their images and voices(contained in photographic records, audio, video and other types of records, made with the purposes of publicity connected to the lottery). The winners give, through their participation in the lottery game, express consent for the use of this data in formats herein defined.

Responsibilities

11.1. Mobigidi Lottery’s responsibility is strictly limited in giving the prizes. Mobgidi lottery cannot be held responsible for any delay or impossibility of sending or receiving SMS messages because of a technical problem. All the SMS messages will be considered received by Mobgidi Lottery Games when they registered in the Programs’s IT system and not when they are sent by the participant. All the SMS messages will be considered received by the Participant at the moment they were sent from the Program’s IT system. Participants recognize and accept the journal of the informatics of the Program’s IT system is the proof of the date, hour, minute and second of their receiving/sending each SMS message.

LIABILITY

12.1. Except in respect of death or personal injury caused by MOBGIDI LOTTERY’s negligence, MOBGIDI LOTTERY, its officers, employees, agents and affiliates cannot be held liable:

  • (a) If a player’s Submission was incorrect or received after the stated cut-off time and therefore too late for a draw (in particular if the player had a winning combination in that particular draw). The player shall however have the option to make a Submission in respect of the next draw;
  • (b) for any losses caused by players, including unauthorized access to an online account or failure to follow MOBGIDI LOTTERY’s reasonable instructions (whether oral or in writing);
  • (c) for any refusal, suspension or cancellation of a player’s account
  • (d) For any error during MOBGIDI LOTTERY's ticket purchasing process inclusive (but not exclusive (to) technical, batching, retail outlet, or purchasing error. MOBGIDI LOTTERY shall however agree to immediately re-credit a players account for the cost of ticket(s) ordered should an error that falls within this clause be made;
  • (e) for any error, omission, interruption, deletion, defect, malfunction, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorized access to player’s accounts, or submissions or requests which are lost, corrupted, damaged or delayed as a result of (MOBGIDI LOTTERY or player) server functions, technical issues, virus, bugs or other causes outside MOBGIDI LOTTERY’s reasonable control;
  • (f) for any downtime or malfunction of the Website;
  • (g) in contract, tort (including but without limitation, negligence or breach of statutory duty) or for any misrepresentation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions, for:
    • (i) any loss that is not foreseeable including special, indirect or consequential loss; or
    • (ii) loss of profit, loss of a chance, loss of business, damage to reputation, loss of goodwill, which arises out of or in connection with the provision of the Services, the purchase of tickets in an Official Lottery or the use of or access to the Websites;
  • (h) for any delay in performing, or any failure to perform, any of its obligations in relation to the provision of the Services and/or the purchase of tickets on behalf of a player if the delay or failure was due to any of the following acts of force majeure beyond MOBGIDI LOTTERY’s reasonable control:
    • act of God, explosion, flood, tempest, fire or accident;
    • war or threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition;
    • acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
    • strikes, lock-outs or other industrial actions or trade disputes; or
    • power failure or breakdown in machinery.

MISCELLANEOUS

13.1. MOBGIDI LOTTERY reserves the right to modify these Conditions if it is reasonably necessary to do so. Any changes will be notified on the Website.

13.2. If it is reasonably necessary to do so MOBGIDI LOTTERY reserves the right to withdraw the Website or any of the Services without prior notice.

13.3. Players agree not to cause any virus or other harmful materials to be uploaded onto or otherwise affect MOBGIDI LOTTERY’s servers or computer systems.

INTELLECTUAL PROPERTY

14.1. The names, images, pictures, logos and icons identifying MOBGIDI LOTTERY and its Services are, unless otherwise stated, its intellectual property. Other products, pictures, images, logos, and icons and company names mentioned on the Website may belong to other companies.

14.2. All intellectual property rights in the design, content and arrangement of the Website (including its text, domain name and graphics, all software compilations or underlying source code, and all other material on the Website) are reserved by MOBGIDI LOTTERY or its content and/or technology providers.

14.3. Players may not use any materials contained on the Website for any purpose other in connection with the Services. As noted in Clause 2.2 above, players may take a copy of these Conditions, which must be used strictly for their own records.

14.4. Access to the Website is on an "as is" basis and MOBGIDI LOTTERY gives no further warranties, whether express, implied or statutory including, but without limitation, the implied warranties of satisfactory quality or fitness for a particular purpose of the Website or the availability of the Website.

INTERPRETATION

15.1. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, reenacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation. Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other genders. Any reference to a clause shall mean a clause of these Conditions.

GENERAL

16.1. These Conditions are personal to the player and cannot be assigned or transferred to any other person. Players may not sub-contract any of their obligations under these Conditions. MOBGIDI LOTTERY may assign, transfer or subcontract the performance of its rights or obligations under these Conditions.

16.2. No variation of these Conditions will be valid unless authorized in writing by one of MOBGIDI LOTTERY’s duly authorized representatives.

16.3. No waiver by MOBGIDI LOTTERY of any breach of these Conditions by a player shall be considered as a waiver of any subsequent breach of the same or any other provision.

16.4. Nothing in these Conditions shall constitute or be construed as constituting a partnership or joint venture between MOBGIDI LOTTERY and a player; or shall authorize either party to enter into contractual relationships or incur obligations on behalf of the other.

16.5. An entity which is not expressly a party to these Conditions has no right under the Contracts (Rights of Third Parties), or otherwise, to enforce any term of these Conditions.

16.6. If any provision of these Conditions is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions shall continue in full force and effect.

16.7. These Conditions shall be governed by and construed in accordance with the laws of Nigeria in the English language, and players agree to submit to the exclusive jurisdiction of the Nigeria courts.

16.8. These Conditions represent the entire agreement between the parties relating to their subject matter and supersede all such prior agreements, arrangements and undertakings between the parties. Players have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of MOBGIDI LOTTERY prior to entering into these Conditions which they relied upon in entering into these Conditions whether such representation was made orally or in writing.

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