ReadyCash Mobile Banking Services Terms and Conditions
Please read these terms and conditions carefully.
This Mobile Banking Services Agreement as amended by Parkway Projects Limited (Parkway)
from time to time ("this Agreement" or "ReadyCash Terms") sets out
the rights and obligations of you, "The Customer", and us, "The Provider",
in connection with your use of the ReadyCash Services. All the terms and conditions
of this Agreement are legally binding, so please read them through carefully before
you accept and agree to the said terms and conditions.
By clicking "I Agree" when you enroll to receive your ReadyCash Mobile Banking
activation code, you accept the terms and conditions of this Agreement and consent
to receive notices and disclosures electronically. Additionally, by installing the
software necessary to utilize the Services (the "Software") and using the
Services, you also agree to be bound by the Terms and Conditions here under. You
are deemed to automatically renew this consent and acceptance each time you log
in as user of ReadyCash’s Services and use ReadyCash’s Services to conduct any transaction.
1.1 The definitions in the ReadyCash Terms will
continue to apply unless a word is separately defined.
1.2 In these ReadyCash Terms, the following words
shall have the following meanings:
- Agreement means the agreement formed between you and the Service Provider
comprising the Terms and Conditions form signed by you.
- The Provider means the parties responsible for developing and managing the
- Password and Personal Identification Number (PIN) are deemed to include
passwords and Security Codes under the ReadyCash Services.
- Eligible Accounts means individual and/or joint accounts in your sole name
to which you have transaction authority.
- Instructions mean instructions, communications, operations or transactions
transmitted by your Mobile Phone under the Mobile Banking-Service.
- ReadyCash Services means the ReadyCash mobile banking services as described
in the User Guidance and as may be amended by the Provider from time to time.
- User Guidance will cover (among other things) the times when the Service
is available, how to access and operate the Service, what things you can and cannot
do with the Service, and the time it usually takes to carry out particular types
- Mobile Banking means any service or services that we provide and that you
subscribe to, enabling you to make banking or other financial transactions with
ReadyCash through your Mobile Device.
- Mobile Phone/Mobile Device means the mobile phone and/or device or such other
communication device which is used to access the ReadyCash -Service.
- Procedures are as defined in Clause 5.1.
- Security Codes means all user, passwords, personal identification number
(PIN), activation keys, digital keys, and/or digital signatures, as may be prescribed
by the Provider from time to time for use with the ReadyCash service.
- Software means the software application to be downloaded and installed by
you in your Mobile Phone in order to access the ReadyCash -Service, as may be designated
for use by the Provider from time to time.
1.3 In these ReadyCash Terms:
1.3.1 The words "include" and "including" shall
not be construed as having any limiting effect.
1.3.2 The singular includes the plural and vice
1.3.3 A gender includes the other genders.
1.3.4 The headings are used for convenience only
and do not affect the interpretation of these Mobile Banking-Terms.
1.3.5 The words "in writing" include any communication
sent by letter, facsimile transmission or email.
1.3.6 A reference to a document includes the document
as modified from time to time and any document replacing it.
1.3.7 The word "person" includes a natural person
and anybody or entity whether incorporated or not.
1.3.8 The words "You" and "Your(s)" means the Personal
Customer entering into this Agreement for Mobile Banking Services with ReadyCash.
1.3.9 The words "We" or "Us" means ReadyCash.
2. CONSENT TO RECEIVE DISCLOSURES AND NOTICES ELECTRONICALLY
2.1 By accepting this Agreement, you consent to
receiving notices and disclosures concerning ReadyCash Services and your enrolled
Accounts electronically, including by email or text message
2.2 You must enter your electronic address for such
disclosures and notices when first subscribing to ReadyCash Services and you are
solely responsible for immediately updating your electronic address if it changes.
2.3 All disclosures and notices by us shall be deemed
given and received by you immediately upon being sent to the electronic address
you have most recently updated. Many disclosures and notices may also appear in
your account statement.
2.4 Unless specifically required by law, we are
not obligated to provide any disclosures or notice to you by regular mail or by
any other means other than electronic transmission.
2.5 If you withdraw your right to provide you with
electronic communication as described in this section, we may terminate your ReadyCash
3. ELIGIBLE ACCOUNTS
3.1 By agreeing to be bound by the terms of this
Agreement, you agree that the ReadyCash Services will be available upon registration
and authorization of your ReadyCash Wallet Account, whether open now or in future.
The ReadyCash Services cannot be used on some types of accounts (including bank
accounts) and ReadyCash will advise you from time to time as to which accounts are
3.2 In order to perform value-added financial transactions
on the ReadyCash Services, your account registration must be authorized by ReadyCash
as approved to use on the ReadyCash Services, and comply with the registration and
activation procedures prescribed by the Provider.
3.3 With respect to errors in, or questions about
your transfers, please contact our Customer Service Centre on +234 01 2120566. To
contact us by email please use the following email address: email@example.com.
4. SCOPE OF READYCASH SERVICES
4.1 The ReadyCash Services will only be available
for mobile phones and data connections which meet the required specifications and
configurations as may be specified by the Provider from time to time, and you agree
to procure and maintain a mobile phone and data connection which meet these requirements
at your own expense.
4.2 User Guidance on the operation of the ReadyCash
Services will be made available to you. You must follow all relevant User Guidance
whenever you access or operate the ReadyCash Services.
4.3 The Provider may inform you from time to time
about service additions/updates, changes to the way you should access or operate
the ReadyCash Services. You must observe all such changes when accessing or operating
the ReadyCash Services.
4.4 We will use reasonable efforts to make ReadyCash
Services available for your use on a continuous basis, 7 days a week, 24 hours a
day. We do not guarantee functionality of Mobile Banking (or any specific Software
that we provide with respect to Mobile Banking) on all Mobile Devices, on all communication
networks, in all geographic regions, or at all times and we are not responsible
for the availability of data services provided by your mobile service provider,
such as outages or ‘out of range’ issues. ReadyCash Services may be temporarily
unavailable for regular or emergency system maintenance.
4.5 You agree that when you use ReadyCash Services,
you remain subject to the terms and conditions of your existing agreements with
any unaffiliated service providers, including but not limited to, your mobile service
provider and that this Agreement does not amend or supersede any of those agreements.
You understand that those agreements may provide for fees, limitations and restrictions
which might impact your use of Mobile Banking (such as data usage or text messaging
charges imposed on you by your mobile service provider for uses of or interaction
with Mobile Banking) and you agree to be solely responsible for all such fees, limitations
and restrictions. You agree that only your mobile service provider is responsible
for its products and services. Accordingly, you agree to resolve any problems with
your provider directly without involving us.
The scope, features and functionality of the ReadyCash Services will differ from
the other Banking Services for other electronic channels, and may be varied by the
Provider from time to time. You agree and acknowledge that.
4.6.1 Certain services are available as requests
on the ReadyCash Services and these may or may not become available in the future.
4.6.2 Certain services which are currently available
on the ReadyCash Services may be discontinued or extended in scope.
4.6.3 We may offer additional ReadyCash Services
and features in the future. Any added ReadyCash Services and features will be governed
by this Agreement and by any terms and conditions provided to you at the time the
new ReadyCash Services or feature is added or at the time of enrollment for the
feature or service if applicable.
4.6.4 We reserve the right to refuse to make any
transaction you request through ReadyCash services.
4.7 You acknowledge and agree that the Provider
may, in its sole and absolute discretion, without notice and from time to time add
to, vary, alter, suspend or remove any part of or all of the ReadyCash Services,
or any function or feature of the ReadyCash Services, without giving any reason
and without incurring any liability.
5. SECURITY & ACCESS PROCEDURES
5.1 Security Codes must be provided by you (PIN)
and shall be encrypted for access to the ReadyCash Services, which may be different
from those issued for the other Services. The Provider may also issue separate requirements,
restrictions, instructions, activation and access procedures, or any additional
conditions pertaining to the access and use of the ReadyCash Services, the Software,
the Security Codes for the ReadyCash Services, and the transmission of Instructions
("Procedures"). All Procedures may be varied by the Provider from time to time.
You agree and undertake to be bound by and to comply with all of the Procedures
as may be issued by the Provider from time to time. You should NEVER enter your
ReadyCash PIN on any device other than the mobile device on which you installed
ReadyCash and which is tied to your ReadyCash account.
5.2 The Provider shall not be bound by or obliged
to take any action on any Instructions which do not properly comply with the Procedures
and the Provider may reject such non-compliant Instructions.
5.3 You must secure the Software and the Security
Codes installed in your Mobile Phone with a password. All such passwords and the
Security Codes must be kept strictly confidential and must not be disclosed to anyone
5.4 You must not leave your Mobile Phone unattended
or permit any person access to your Mobile Phone in such a manner that unauthorized
people may access your Software, Security Codes or the ReadyCash Services, whether
with or without your consent.
5.5 In the event that you lose or replace or part
with possession or control of your Mobile Phone in which the Software and/or Security
Codes are installed, or if you have reason to believe that someone has accessed
your ReadyCash account(s) using the Software or Security Codes, you must immediately
notify and instruct the Providers to revoke the Security Codes immediately, and
make a fresh application to register for the ReadyCash Services.
5.6 Until and unless you notify the Providers in
accordance with Clause 5.5, all Instructions received by the Provider and/or the
Bank which are associated with your Security Code shall be deemed to have come from
you, and the Provider shall be entitled to rely on such Instructions, whether they
actually originated from you or not. You acknowledge that the Provider may not be
able to reverse or annul any transaction executed based on Instructions received
prior to your notice to the Provider.
5.7 Without prejudice to Clause 1.1, and for the
avoidance of doubt, all provisions in the ReadyCash Terms relating to:
5.7.1 Security matters and safeguards, and your
responsibilities for security and confidentiality;
5.7.2 Safeguarding Security Codes and Passwords,
and the use of the same;
5.7.3 Checking of statements and information;
5.7.4 Your giving of instructions;
5.7.5 Your liability for unauthorized transactions;
5.7.6 The Provider relying and acting on your instructions;
shall also apply to the ReadyCash Services and to Security Codes issued under the
ReadyCash Services, subject to the necessary changes being made in construction,
and as amended by this Clause 5, except where any such provision is not relevant
to the ReadyCash Services.
6. MOBILE BANKING LICENCE RIGHTS
6.1 Users of ReadyCash Services will be required
to download, install and use certain software systems and programs developed by
us, our licensors or other third parties subject to your agreement to the following:
6.1.1 Upon download of the software and installation
into your mobile phone and completion of the prescribed registration and activation
procedures, you will be granted a limited, non exclusive, non transferable right
to use the software.
6.1.2 You acknowledge and agree that you have no
ownership rights, title and interest to the software and the computer programs contained
6.1.3 We are not responsible for any damage to your
Mobile Device resulting from the activities in clause 6.1 and you will be engaging
in those activities at your own risk.
6.1.4 To enable your use of the software systems
and programs, we and our licensors (or other third parties who have directly or
indirectly granted rights in those software systems and programs with respect to
ReadyCash Services) will require you to agree to the terms and conditions of certain
license rights arrangements and/or "end user" license agreements.
6.1.5 By subscribing to the portions of the ReadyCash
Services relating to those software systems and programs and to downloading and
installing those software systems and programs, you will be evidencing your acceptance
of the terms and conditions of those arrangements and agreements.
6.1.6 We may also condition your use of some or
all of those software rights and programs on your execution of, agreement to or
acknowledgement of, such arrangements and agreements by your clicking "I Agree"
dialogue box when you enroll for ReadyCash Services.
6.1.7 We and our service providers (which includes,
without limitation, any third party provider of software used in connection with
ReadyCash Services) reserve all rights not granted to you in this Agreement and
under the terms of those arrangements and agreements. Nothing in this license will
entitle you to receive hard copy documentation, technical support, telephone assistance,
or updates to the software.
6.1.8 If you obtain a different Mobile Device, you
will be required to download and install the software to that different Mobile Device
under the same terms set forth in this Agreement, including the provisions of this
6.1.9 You agree to delete all such software from
your Mobile Device promptly if the license rights granted in this Agreement terminate
for any or no reason whatsoever
6.1.10 We reserve the right to change, add to or
terminate services with our third party software solutions partners, to substitute
different software solutions for the software relating to the operation of ReadyCash
Services and to enter into arrangements and agreements for the provision of software
solutions for ReadyCash Services with our licensors and third parties.
You will not (i) modify, revise or create any derivative works of the software;
(ii) decompile, reverse, engineer or otherwise attempt to derive the source code
for the software; (iii) redistribute, sell, rent, lease, sublicense or otherwise
transfer rights to the software; or (iv) remove or alter any proprietary notices,
legends, symbols or labels in the software, including but not limited to, any trademark,
service mark, logo or copyright.
6.3 Disclaimer of Warranty
The software is provided on an “As is” and “As Available” basis without warranties
of any kind, either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and non infringement.
No warranty is provided that the software will be free from defects or viruses or
that operation of the software will be uninterrupted. Your use of the software and
any material or services downloaded or otherwise obtained via the software is at
your own discretion and risk, and you are solely responsible for any damage resulting
from their use.
6.4 Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we or our affiliates
be liable for any damage arising out of the use or inability to use the software,
including but not limited to any general, special, incidental or consequential damages,
even if advised of the possibility thereof, and regardless of the legal or equitable
theory (Contract, Tort or otherwise) upon which any claim is based. In any case,
the Providers liability shall not exceed in the Aggregate the sum of the fees paid
by you for this license.
7. YOUR OBLIGATIONS
You represent and agree to the following by downloading, installing and registering
on ReadyCash, or by using the Services:
- Account Ownership/Accurate Information. You represent that you are the legal
owner of the accounts and other financial information which may be accessed via
ReadyCash for onward transactions. You represent and agree that all information
you provide to us in connection with ReadyCash Services is accurate, current and
complete, and that you have the right to provide such information to us for the
purpose of using ReadyCash. You agree not to misrepresent your identity or your
account information. You agree to keep your account information up to date and accurate.
You represent that you are an authorized user of the Wireless Device you will use
to access ReadyCash, and that you are authorized to download and install the Software
on your Wireless Device
- User Security. You agree to take every precaution to ensure the safety, security
and integrity of your account and transactions when using ReadyCash Services and
not to give or make available your Bank Personal Identification Number (the "PIN")
or other means to access your account to any unauthorized individuals. You are responsible
for all bill payments, transfers or other transactions you authorize using ReadyCash.
If you permit other persons to use your Wireless Device and PIN or other means to
access ReadyCash, you are responsible for any transactions they authorize. If you
believe that your PIN, Wireless Device or other means to access your account has
been lost or stolen or that someone may attempt to use your device without your
consent, or has transferred money without your permission, you must notify us promptly
either through the customer care numbers on the application home interface or the
ReadyCash email address provided in (3.3) above.
- User Conduct. You agree not to use ReadyCash or the content or information
delivered through ReadyCash in any way that would: (a) infringe any third-party
copyright, patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy, including any rights in the Software; (b) be fraudulent
or involve the sale of counterfeit or stolen items, including, but not limited to,
use of ReadyCash to impersonate another person or entity; (c) violate any law, statute,
ordinance or regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false advertising);
(d) be false, misleading or inaccurate; (e) create liability for us or our affiliates
or service Providers, or cause us to lose (in whole or in part) the services of
any of our service Providers; (f) be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable;
(h) interfere with or disrupt computer networks connected to ReadyCash; (i) interfere
with or disrupt the use of ReadyCash by any other user; or (j) use ReadyCash application
in such a manner as to gain unauthorized entry or access to the accounts/information
- No Commercial Use or Re-Sale. You agree that the Services are only for the
personal or business use of individuals authorized to access your account information.
You agree not to make any commercial use of ReadyCash or resell, lease, rent or
distribute access to ReadyCash application.
- Proprietary Rights. You are permitted to use content/Services delivered to
you through ReadyCash only on ReadyCash. You may not copy, reproduce, distribute
or create derivative works from this content. Further, you agree not to reverse
engineer or reverse compile any Mobile commerce technology, including, but not limited
to, any Software or other Wireless Device applications associated with Mobile commerce.
- Indemnification. Unless caused by our intentional misconduct or gross negligence,
you agree to indemnify, defend and hold harmless us and our officers, directors,
employees, consultants, agents, licensors and service Providers from any and all
third party claims, liability, damages, expenses and costs (including, but not limited
to, reasonable attorneys’ fees) caused by or arising from (i) a third party claim,
dispute, action or allegation of infringement, misuse or misappropriation based
on information, data, files or otherwise in connection with your use of ReadyCash
Services or the Software, (ii) your violation of any law or rights of third parties,
or (iii) your use, or use by a third party of ReadyCash Services.
8.1 The Provider shall be entitled to impose separate
fees and charges for the ReadyCash Services, which may be varied from time to time
by notice to you. You agree to pay for ReadyCash Services in accordance with our
fee schedule, as amended by us from time to time. You authorize us to automatically
charge your account for all such fees incurred in connection with ReadyCash Services.
We may add to or enhance the features of the ReadyCash solution from time to time.
By using such added or enhanced features, you agree to pay for them in accordance
with the fee schedule.
9. SUSPENSION OR TERMINATION OF SERVICES
9.1 Notwithstanding anything herein to the contrary,
the Provider may at any time, in its absolute discretion suspend or terminate your
right of access to any of the ReadyCash Services without notice for any reason whatsoever
and without any obligation to give any reasons:
9.1.1 The Provider will automatically terminate
your right of access to the ReadyCash Services should you cease to maintain any
Account with ReadyCash which can be accessed via the ReadyCash Services for subscription
payment or should your access to such Account be restricted by ReadyCash or any
other party for any reason.
9.1.2 You may terminate the ReadyCash Services by
giving prior written notice to the Provider. The ReadyCash Services will be cancelled
within seven (7) days from the date of the Provider's receipt of the notice of termination
and you agree that the Provider shall not be obliged to effect any of your Instruction
received on any day falling after the receipt of your notice of termination. The
Provider reserves the right to terminate the ReadyCash Services for any reasons
whatsoever, provided the Provider gives you fourteen (14) days prior written notice.
9.1.3 You acknowledge that termination will not
affect your liability or obligations in respect of Instruction processed by the
Provider on your behalf.
10.1 You agree that all Instructions transmitted
by your Mobile Phone or otherwise issued by you, though in electronic form:
10.1.1 are written documents, and you agree not
to dispute or challenge the validity or enforceability of any Instruction on the
grounds that it is not a written document and you hereby waive any such right you
may have at law.
10.1.2 are original documents and you agree not
to challenge the admissibility of any Instruction on the grounds that it is made
in electronic form.
10.2 You acknowledge and agree that the Provider's
records and any records of your Instructions made or performed, processed or effected
through the ReadyCash Services by you or any person purporting to be you, or any
record of transactions relating to the ReadyCash Services and any record of any
transactions maintained or by any relevant person authorized by the Provider relating
to or connected with the ReadyCash Services, whether stored in electronic or printed
form, shall be binding and conclusive on you for all purposes whatsoever and shall
be conclusive evidence of the Instruction and transactions and liability. You hereby
agree that all such records are admissible in evidence and that you shall not challenge
or dispute the admissibility, reliability, accuracy or the authenticity of the contents
of such records merely on the basis that such records were incorporated and/or set
out in electronic form or were produced by or are the output of a computer system,
and hereby waive any of your rights (if any) to so object.
11. FORCE MAJEURE
11.1 No party shall be liable for any failure to
perform its obligations under this Agreement if the failure results from a Force
Majeure Event (defined below)
11.2 For purposes of this Agreement, a "Force Majeure
Event" is an event which is beyond the reasonable control of a party and shall include
acts of God, government, civil or military authority, civil or labour disturbance,
strikes, criminal or terrorist activity, wars, fires, explosions, earthquake, subsidence,
storms, floods, disease, epidemic, or health quarantines.
12. ASSIGNMENT & SUB-CONTRACT
12.1 This Agreement is personal to you, and you
shall not be entitled to assign, charge or otherwise deal with this Agreement in
12.2 The Provider may at any time delegate or sub-contract
any rights or obligations under this Agreement to any third party, and appoint third
party agents or sub-contractors to provide the whole or part of the ReadyCash Services.
If any provision of this Agreement is agreed by the Provider and you to be illegal,
void or unenforceable under any law that is applicable or if any court of competent
jurisdiction in a final decision so determines, this Agreement shall continue in
force save that such provision shall be deemed to be deleted with effect from the
date of such agreement or decision or such earlier date as you and the Provider
14. GOVERNING LAW
The laws of the Federal Republic of Nigeria shall govern this Agreement and its
interpretation and all transactions hereunder. The customer acknowledges that he/she
has reviewed this End User Agreement, understands the terms and conditions and agrees
to be bound hereby. You also agree to the exclusive jurisdiction and venue for all
disputes related to this Agreement to be held in the Court of law of the Federal
Republic of Nigeria.
15. By agreeing to these terms, you acknowledge that you have read and are
bound by all the policies displayed as links on this website.