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Terms of Use of Services


The website, www.nosh.ng , and the Nosh Android and iOS mobile applications (the “Services”) are provided by TopNosh Global Services Limited (Nosh, we, us) under the following terms and conditions (the “Terms”), which serve as a binding contract between you and Nosh. Your use of the services implies acceptance of the terms.

When you use any of our services, you are subjected to these Terms of Use of Services, along with our Privacy Notice, Cookies Policy (in the case of our website), Disclaimers, and other Legal Notices that we may publish from time to time. If you do not agree with any of the provisions of these Terms of Use of Services or our other existing legal notices, kindly discontinue your use of the services.


We reserve the right to amend the Terms of Use of Services or any other Legal Notices at any time, and we will ensure that our users are promptly notified whenever a change is made to any of our legal notices. We would also publish the Terms with the updated changes on our website and expect you to read the updated terms in order to understand how these changes may affect your continued use of our Services. If you continue to use our services after the amendments, then it means that you agree with the updated terms.

About Us

NOSH is an information technology company that provides an innovative platform for digital remittance, bill payments, and gift card brokerage that offers a seamless and hassle-free solution to everyone at any time (The Services). The Services allows you to carry out marketplace transactions from the comfort of your home through the use of the website, android or IOS mobile applications. By using our Services, users can securely buy or sell GiftCards from top Merchants across the globe, purchase electricity tokens etc. Nosh is not a financial services provider. Nosh is also not an investment platform. Your use of this services connotes your understanding of the Nosh services.

Definitions

  • User means an individual or natural person who has created an account on the Nosh website, or mobile application.

  • Gift Cards are the physical or digital card that is funded with money and can be used to shop for goods or products physically at a Vendor’s place of business or online through the vendor’s website or over the telephone.

  • Bill Payment means the purchase of a utility token for the payment of a utility bill such as electricity tariff, mobile phone recharge etc.

  • Merchants means vendors who offer Gift Cards for sale which can be used to shop either at their store or elsewhere.

  • Gift Card Recipient means an individual or natural person whom a gift card is bought on their behalf.

  • Account means a user’s account created on the Nosh’s platform having a username and password and is only accessible by the user for the purpose of carrying out transactions and viewing transaction history.

  • Virtual Account means a digital bank account created by a User provided by a third party financial institution.

  • Gift Codes means the numbers that appear behind a Gift card which is usually a unique identifying number for each gift card.

  • Wallet means the digital storage for cash and Gift codes and funds on a User’s account on the Nosh platform.

Age Restriction

Nosh’s website and services are designed for only individuals who are 18 years and above or who are of the legal age of consent in any country where we provide our services.

Registration

To use any of the services on the Nosh platform, you have to create a Nosh user account by registering on the Nosh website or through the mobile application. At the point of registration, we will require you to provide certain information such as your email, first name, last name, and phone number and we may seek to verify your information, (by ourselves or through third parties). By signing up for an account creation, you give us permission to do all these. We may also require your Bank Verification Number (BVN) if you choose to create a virtual account. We will further seek to verify your identity by requesting for personal information that matches your BVN including your first and last name as well as a live picture snapshot of your face. For further information on how we treat your personal information kindly refer to our Privacy Notice. Nosh reserves the right to reject conducting business with any user where it deems there is a question of identity.

Your Duty To Protect Your Account

You agree that the duty to protect your account lies soly with you and Nosh will not be responsible or liable to any loss occasioned from any unauthorized access to your account. You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Nosh will not be liable to you for losses or damages. You further agree to take all reasonable steps to protect the security of the personal electronic device through which you access Nosh’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Nosh’s services and not sharing your device with other people).

Data Compliance and Protection

Nosh recognizes the importance of protecting the privacy of its Users. Nosh adopts industry standard security features, including 2FA features, to help you secure your account. Our privacy notice also illustrates how we protect your personal information against destruction, loss, or theft. With respect to all the personal information belonging to and/or processed in connection with Nosh applications or the 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 Act 2023 and all applicable data protection regulation in force.


Nosh 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 Nosh Services, you consent to such processing and you commit to provide accurate information. Whenever you purchase gift cards and share with non users on the Nosh Platform, Nosh acknowledges that it is required to protect the information of your gift recipients. You hereby consent to grant Nosh permission to process your gift card recipient’s data for the following purposes:

  • providing and improving our services;

  • internal usage, including but not limited to, data analytics and metrics so long as individual recipient’s information has been anonymized and aggregated with other customer data;

  • complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and

  • any other purpose for which consent has been provided by your recipient.


Restricted Activities

In connection with your use of the website, any of our services, or in the course of your interactions with Nosh, other Nosh customers, or third parties, you must not:

  • Breach these Terms, the Nosh Privacy Policy, or any other agreement between you and Nosh;

  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

  • Infringe Nosh’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

  • Sell counterfeit Gift Cards;

  • Act in a manner that is defamatory, trade libelous, threatening or harassing;

  • Provide false, inaccurate or misleading information;

  • Send or receive or attempt to apply what we reasonably believe to be potentially fraudulent funds;

  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

  • Control an account that is linked to another account that has engaged in any of these restricted activities;

  • Conduct your business or use the Services in a manner that usually results in or may result in;

  • Complaints;

  • fees, fines, penalties or other liability or losses to Nosh, other Nosh users, third parties or you;

  • Use the Services in a manner that Nosh, or any regulatory agency, or any payment scheme reasonably believes to be an abuse of the card system or a violation of card association or network rules;

  • Access the Services from a country that is not included on Nosh's permitted countries list;

  • Take any action that imposes an unreasonable or disproportionately large load on the Websites, our software or systems (including any networks and servers used to provide the Services) operated by us or on our behalf, or the Services;

  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or the Services;

  • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;

  • Interfere or disrupt or attempt to interfere with or disrupt the Website, our software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other users’ use of any of the Services;

  • Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers;

  • Use the Services to test credit or debit card behaviors;

  • circumvent any Nosh policy or determinations about your use of the Services such as temporary or indefinite suspensions or other limitations or restrictions; or

  • Harass and/or threaten our employees, agents, or other users.

Potential Actions We May Take Against You if you Engage in a Restricted Activity

If we believe, discover, or get information that you have engaged in any of the restricted activities listed in paragraph above, we have the exclusive and unqualified prerogative to take any action, including but not limited to the ones under-listed, to protect Nosh, its users, and others at any time in our sole discretion.

  • Terminate these Terms and limit, close, and/or suspend your access to the Services, software, and systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, immediately and without penalty to us;

  • Refuse to provide the Services to you in the future;

  • Contact third parties who have transacted with you or law enforcement about your actions;

  • Update inaccurate information you provided us;

  • Take legal action against you;

If we terminate your use of the services for any reason, we’ll provide you with notice of our actions.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by Nosh, any Nosh customer, or a third party caused by or arising out of your breach of this agreement and/or your use of the Nosh services.

Assignment

You may not transfer or assign any rights or obligations you have under these terms or the related agreements without Nosh's prior written consent. Nosh may transfer or assign these Terms or any right or obligation under these Terms at any time.

Fraud Reporting

We are committed to maintaining adequate security controls and procedures to prevent and detect fraudulent or unauthorized activities/transactions on our platforms. Please report all incidents of fraud to [email protected].

Termination

You may terminate this agreement by deleting your Nosh Account in the profile section of your user account.

We may suspend your Nosh Account and your access to Nosh services and any funds, or terminate this Agreement, if;

  • you do not comply with any of the provisions of this Agreement;

  • we are required to do so by a Law;;

  • where a suspicious or fraudulent transaction occurs

Disclaimers

We try to keep the website available at all times, bug-free and safe, however, you use it at your own risk.

The Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Nosh makes no warranty that the Website and/or the Services will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you through our website or from Nosh, its parents, subsidiaries, or other affiliated companies, or its or the merchants (or the respective officers, directors, employees, or agents of any such entities) (collectively the “Nosh Parties”) shall create any warranty.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of the Nosh Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Nosh’s Party's liability shall be the minimum permitted under such applicable law.

Indemnification

You hereby indemnify Nosh and undertake to keep Nosh, 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 Nosh harmless from and against any claim, suit, or proceedings brought against Nosh arising from or in connection with violations of intellectual property or other rights of third parties in relation to your use of the services.

Applicable Law

These Terms shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria, and you submit to the non-exclusive jurisdiction of the courts located in Nigeria for the resolution of any dispute.

Legal Disputes

We will make an effort to settle all disputes amicably. Any dispute arising out of these terms that is not settled by mutual agreement/negotiation within two (2) weeks shall be referred to the Lagos Multidoor Court House for mediation. The terms of settlement reached between parties shall constitute a final resolution of the matter.

Severability

If any portion of these Terms is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and shall not affect the validity or enforceability of any other part in these Terms.

Contact Information

If you have any questions about our Terms of Use, please contact us through a the details provided below:


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