Terms of Service

Our agreement with you.

Introduction

These Terms of Service (“Terms”) contained herein is a legal agreement between you, as a prospective customer of Tingtel Limited and Tingtel Pay Limited (“Tingtel”, “we”, “our” or “us”) and shall govern your access to and use of Tingtel’s services which include all pages within the Tingtel App, mobile applications and other products and services (collectively referred to as the “Services”).

These Terms apply in full force and effect to your use of the Services and by using any of the Services; you expressly accept all terms and conditions contained herein in full and without limitation or qualification, including our Privacy Policy. You must not use any of the Services, if you have any objection to any of these Terms.

Please read and understand the terms of agreement carefully before agreeing to be bound by its terms.

Governing Language

The governing language of these terms and all communication between Tingtel and you will be English language.

Who May Use Our Services?

You may use the Services only if you agree to form a binding contract with Tingtel and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

Age Restriction

Our App and services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18.

Intellectual Property

Unless otherwise stated, Tingtel and/or its licensors own the intellectual property rights and materials on the App subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Tingtel App and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to the intellectual property rights of Tingtel and its affiliates and their licensors and licensees (collectively the “Content”). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembles, modified or reposted to other websites. Nothing on the Tingtel App should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Tingtel App without the written permission of Tingtel or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

License to Use The Tingtel App

We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

The services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Nothing in this Term gives you a right to use the Tingtel’s name or any of its trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of Tingtel and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Tingtel and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.

Information Security and Warranty Disclaimer

Tingtel will always ensure that the app is available at all times and bug free. However, it is used at your own risk.

We provide all materials “as is” with no warranty, express or implied, of any kind. We expressly disclaim any and all warranties and conditions, including any implied warranty or condition of merchantability, fitness for a particular purpose, availability, security, title, and non- infringement of intellectual property rights, without limiting the generality of the foregoing, Tingtel makes no warranty that our app and services will meet your requirements or that it will remain free from any interruption, bugs, inaccuracies, and error free.

Your use of our services are at your own risk and you alone will be responsible for any damage that results in loss of data or damage to your computer system. No advice or information, whether oral or written obtained by you from our app or our services will create any warranty or condition not expressly stated.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. Please ensure you use your virus protection software or application as we cannot guarantee that our Services will be free from viruses or bugs.

You must not attempt to gain unauthorized access to our Services, computers or databases. You must not misuse our Services by introducing trojans, viruses or other materials which are malicious or technologically harmful.

Limitation of Liability

Your use of Tingtel app and services is at your own risk. You agree to the limitation of liability clause to the maximum extent permitted by applicable law: Tingtel will in no way be liable for any direct, indirect, incidental punitive, consequential, special or exemplary damages or any damages including damages resulting from loss of revenue, loss of profit, use, data, goodwill , business interruption or any other intangible losses (whether Tingtel has been advised of the possibility of such damages or not) arising out of Tingtel’s app or services (including, without limitation to inability to use, or arising from the result of use of Tingtel’s app or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

Indemnification

You hereby indemnify Tingtel and undertake to keep Tingtel, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Tingtel harmless from and against any claim, suit or proceedings brought against Tingtel arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.

Breach of these Terms

Without prejudice to Tingtel’s other rights under these Terms, if you breach these Terms in any way, Tingtel may take such action as it deems appropriate to deal with the breach, including suspending your access to the app, prohibiting you from using the app, blocking computers using your IP address from accessing the app, or bringing legal proceedings against you.

Cookies

Like many other app, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.

Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our app.

Data Protection

Tingtel recognizes the importance of protecting the privacy of those who visit and choose to use the Tingtel Services. Tingtel remains compliant with all applicable laws to the extent

applicable. Please note that such requirements may be amended from time to time. With respect to all the Personal Information belonging to, and/or processed in connection with Tingtel or this website, such Personal Information at all times are in compliance with all Data Protections Laws in the territory, in all respect and in particular the Nigeria Data Protection Regulation 2019 and all applicable data protection regulation in force. Tingtel maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us and how we store and use the information provided by you in line with applicable Data protection legislations. By using the Tingtel Services, you consent to such processing and you commit to provide accurate information.

Governing Law

These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria and you submit to the non-exclusive jurisdiction of the Courts of competent jurisdiction in Nigeria for the resolution of any dispute.

Changes to the Tingtel Terms of Service

Tingtel reserves the right to change, revise or modify these Terms from time to time in any manner as appropriate. The changes will not be retroactive, and the most current version of the Terms which will always be on this App and will continue to govern our relationship with you. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

General

These Terms supersede and extinguishes all previous agreements between you and Tingtel whether written or oral, relating to its subject matter. In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. Tingtel’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Complaints

If you have any complaints about us and our Services, you may contact us at support@tingtel.com

Contact Us

Tingtel Limited

Email Address: support@tingtel.com

Address: 29, Ribadu Road, Ikoyi, Lagos, Nigeria

Hours of Operation: 9am – 5pm (Mon – Fri)