GENERAL TERMS AND CONDITIONS OF TOP-UP SERVICES OF NIGERIA’S FONYOU TECH

1. The Site

This Web site is operated by fonYou Technologies Nigeria Ltd. (collectively "fonYou Tech") to provide you with information about us, our top-up services and our company.

2. Terms & Conditions of the top-up Service

We may update these Terms & Conditions from time to time and may amend them at any time to incorporate additional terms specific to additional services. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms & Conditions or other notice on the Site.

You should view these General Terms & Conditions often to stay informed of changes that may affect you regarding the top-up services.

We expressly reserve the right to make any changes to these General Terms & Conditions at any time without prior notice to you.

You acknowledge and agree that:

3. Transactions

The services offered by fonYou Tech consists of an IVR (Interactive Voice Response) top-up service to mobile phones and related services such as SMS text messaging. These services are provided on behalf of Airtel Nigeria and are subject to change and availability. You agree to this and the following as a condition of mobiles top-ups.

fonYou Tech operates different IVRs where Airtel customers can top-up their prepaid accounts by using credit and debit cards. In the designated IVRs, customers will be required to input the credit or debit card details including the number, the expiration date and CVV to pay the selected airtime amount. You are solely and completely responsible for ensuring that the credit or debit card information has been correctly entered. Once this has been done, the customer will be required to confirm the card details so that fonYou Tech can process the payment.

Once the payment has been successfully processed, fonYou Tech provisions the selected top-up amount into the customer prepaid’s Airtel account. A confirmation SMS with the top-up details will then be received by the customer and at this point the top-up will not be able to be modified, cancelled, refunded or removed. All transactions are final and are not subject to change. The top-up cannot be refunded or removed once it has been confirmed.

4. Payments

You should make payments due under these General Terms & Conditions in accordance with Clause 3.

The following debit and credit cards are accepted for payment:

  1. Mastercard
  2. Visa
  3. Verve
  4. Amex
  5. Diners

5. Use of Site

5.1.- You may:

5.2.- Except as expressly permitted by section 5.1 or the other provisions of these General Term & Conditions, you must not download any material from our Site or save any such material to your computer or mobile.

5.3.- You may only use our Site to obtain information regarding top-up services and the processing of your personal data

5.4.- Except as expressly permitted by these General Term & Conditions, you must not edit or otherwise modify any material on our Site.

5.5.- Unless you own or control the relevant rights in the material, you must not:

5.6.- You must not:

6. Copyright and trademarks

6.1.- Subject to the express provisions of these General Term & Conditions:

6.2.- FonYou Tech’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

6.3.- The third party registered and unregistered trademarks or service marks on our Site are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

7. Data Privacy

7.1.- Users agree to processing of their personal data in accordance with the terms of FonYou Tech’s Privacy Policy.

7.2.- FonYou Tech only shall process your credit or debit card number, as a personal data, obtained through top-up services in accordance with the terms of our Privacy Policy.

8. FonYou Tech’s role as a Site

8.1.- You acknowledge that:

8.2.- We do not warrant or represent:

8.3.- To the maximum extent permitted by applicable law and subject to section 9.1 below, we exclude all representations and warranties relating to the subject matter of these General Term & Conditions, our top-up service and the use of our Site.

9. Limitations and exclusions of liability

9.1.- Nothing in these General Term & Conditions will:

9.2.- The limitations and exclusions of liability set out in this section 9 and elsewhere in these General Term & Conditions:

9.3.- Our aggregate liability to you in respect of any contract to provide top-up services to you under these General Term & Conditions shall not exceed the total amount paid and payable to us under the contract.

9.4.- Notwithstanding section 9.3 above, we will not be liable to you for any loss or damage of any nature, including in respect of:

9.5.- We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the top-up services or these General Term & Conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

9.6.- If our Site includes hyperlinks to other Sites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party Sites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. Breaches of these General Term & Conditions

10.1.- If you breach these General Term & Conditions, or if we reasonably suspect that you have breached these General Term & Conditions or any FonYou Tech’s policies in any way we may:

10.2.- Where we suspend, prohibit or block your access to top-up services you must not take any action to circumvent such suspension or prohibition or blocking.

11. Entire Agreement

These General Term & Conditions and the FonYou Tech’s policies shall constitute the entire agreement between you and us in relation to your use of top-up service.

12. Variation

12.1.- We may revise these General Term & Conditions and the FonYou Tech’s policies from time to time.

12.2.- The revised General Term & Conditions shall apply from the date of publication on the Site.

13. Severability

13.1.- If a provision of these General Term & Conditions is determined by any Court or other Competent Authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2.- If any unlawful and/or unenforceable provision of these General Term & Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these General Term & Conditions.

15. Third party rights

15.1.-- A contract under these General Term & Conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

15.2.-The exercise of the parties' rights under a contract under these General Term & Conditions is not subject to the consent of any third party.

16. Law and jurisdiction

These General Term & Conditions shall be governed by and construed in accordance with the laws of the territory.

Any disputes relating to these General Term & Conditions shall be subject to the exclusive jurisdiction of the Courts of the territory.

PRIVACY POLICY

fonYou Tech Technologies Nigeria Ltd. (hereinafter, “fonYou Tech”) is committed to the protection of information and confidentiality of the personal data we handle. In compliance with the duty of transparency and data protection regulations, we provide you with information on the processing of the personal data that we collect.

This "Privacy Policy" is a public document that describes how fonYou Tech, collects, uses, process and stores the personal data of its users in the performance of its functions.

This Privacy Policy strictly complies with the requirements of Nigeria Data Protection Regulation (NDPR) issued in January 2019 pursuant to Section 6 (a and c) of the NITDA Act 2007, and is aimed at informing users of all matters relating to the collection and processing of their personal data by fonYou Tech.

1. Data Controller

fonYou Technologies Nigeria Ltd. with registered office at 40, Sam Shonibare Street, Surulere, Lagos and VAT number TIN 24167079-0001 is committed to the protection and security of personal data that users could provide us.

fonYou Tech reserves the right to modify and/or update this Policy periodically, in order to adapt it to the applicable legislation, as well as to the legitimate practices of fonYou Tech. In any case, the content of the new policy will be published on the website and will be permanently available for Users. It is recommended that Users read and consult this Privacy Policy every time they access this Site.

Additionally, fonYou Tech is the data processor for the airtime top-up services of Airtel Nigeria, so we have access to certain information of the Users.

2. How does fonYou Tech collect personal data?

fonYou Tech only collects your credit or debit card number, expiration date and CVV through the IVR top-up service.

The User guarantees that the personal data provided to fonYou Tech through the phone calls are true, correct, current and complete, and is responsible for notifying fonYou Tech of any modification or update of the same.

3. Purposes for the processing of personal data

fonYou Tech only process your personal data for the following purposes:

4. Communication of personal data

Your personal data only will be disclosed to the payment gateway in order to complete the acquisition of airtime. Your data will be kept for as long as necessary for the provision of services and fulfilment of legal obligations.

5. When is it considered that I have authorized fonYou Tech to process my data?

Legitimation: From the moment the User makes the call without credit and gives us the credit or debit card number, expiration date and CVV the User gives us the unequivocal, free and revocable consent and expressly authorise us to process its personal data for the purposes set out in this Privacy Policy.

6. Rights of the data subject

The User may exercise the following rights in accordance with current legislation:

Users may exercise these rights by sending an e-mail to infonigeria@fonyou.com indicating the right that you want exercise with the reference “GDPR Rights” in the subject field.

In some cases, fonYou Tech may need further information before it can process the Users' request.

In certain situations, fonYou Tech may be required by law to continue to retain personal data or may need to retain data in order to continue to provide a service.

7. Security of your personal data

With the aim of safeguarding the security of your personal data, we inform you that we have adopted all the necessary technical and organizational measures to guarantee the security of the personal data supplied from its alteration, loss and unauthorized processing or access.

8. International Transfers

For the rendering services fonYou Tech need to transfer your personal data to service providers located in Spain. We will ensure that your information is appropriately protected. We have safeguards in place to protect the privacy and integrity of such personal data when it is transferred to Spain.

9. Contact

If you have any questions or concerns about the way we process and use your personal data, please contact with us: infonigeria@fonyou.com