12. LIABILITY AND INDEMNITY EXCLUSIONS
Recipients
12.1 By signing this agreement, you agree that we, our licensors,
and each of these parties' Affiliates, along with their officers,
directors, members, employees, and agents, will be protected and
released from any claims, costs, damages, losses, liabilities, and
expenses (including legal fees and costs) resulting from or
connected to:
12.1.1 Your disregard for the Nigeria Data Protection Act of 2023
and other relevant legislation, as well as our usage policies; and
12.1.2 How you use the service or system, such as:
12.1.2.1 third-party claims resulting from your use of the system or
service;
12.1.2.2 Any harm brought about by the possession, use, abuse, or
carelessness of third-party software, such as operating systems,
browsers, and other software installations or programs;
12.1.2.3 Any illegal access to your account, data loss or access, or
mobile device damage, theft, or destruction; and
12.1.2.4 Any loss or damage we might sustain due to a violation of
these Terms of Use, including but not limited to malfunctioning or
unavailable third-party systems or facilities, false information
provided by third parties, or third parties that are unable to
complete a transaction.
Liability Exclusion
12.2 If any of your mobile devices break down or if the service is
interrupted or unavailable for any reason outside of our
control—such as an error or force majeure, a system failure brought
on by terrorist or enemy activity, a power outage, bad weather or
atmospheric conditions, or a failure of any public or private
telecommunications system—we will not be liable for any losses you
may sustain.
12.3 The software is solely meant for individual use. For any lost
revenue, business disruptions, or lost business possibilities, we
disclaim all responsibility. You are aware that the app isn't meant
for business, resale, or commercial use.
12.4 You agree that we are not responsible for any damages or losses
brought on by or related to:
12.4.1 any flaw or problem brought on by your customization or
alteration of the program or service;
12.4.2 any flaw or problem with the application brought on by your
breach of these conditions of use;
12.4.3 There has been a breach of the sixth clause.
12.4.4 There is not enough money in your mobile money account.
12.4.5 Payments or transfers are prevented by a lawsuit or other
legal action involving your account funds; you do not give adequate
and explicit instructions for any payments or transfers pertaining
to your account; or your mobile device, network, system, or mobile
money system malfunctions, fails, is unavailable, or is otherwise
interrupted.
12.4.6 using the system, your mobile device, or the service in an
unethical or illegal manner; or
12.4.7 Your disregard for these usage guidelines and any
instructions we may have given you on how to utilize the system and
service.
12.5 We shall not be held liable for any indirect or consequential
loss or damage of any kind that results from or is connected to the
service, regardless of the cause, even if we are aware that such
loss or damage may occur. Losses and damages are not covered by
insurance.
12.6 To the extent allowed by applicable law and unless otherwise
stated in these terms of use, our maximum aggregate liability with
regard to the App, the system, the service, and/or these terms of
use, whether in contract, tort, breach of statutory duty, or
otherwise, shall not exceed the service fees you paid us in
connection with the first event giving rise to a claim under these
terms of use.
12.7 You have six (6) months from the events that give rise to any
claims you may have against us regarding the App, the system, the
service, or these Terms of Use to notify us of those claims, unless
otherwise noted in these Terms of Use. To the fullest extent allowed
by applicable law, you shall forfeit any rights and remedies you may
have in connection with this claim if you fail to comply.
12.8 Specifically, we disclaim any responsibility for:
12.8.1 Uncontrollable communications infrastructure problems that
could affect the timeliness or correctness of messages you send or
the information you get via the app;
12.8.2 any uncontrollable loss or disruption in the delivery of
messages or content that you access as a result of using third-party
software, such as an Internet access service provider or mobile
network service provider;
12.8.3 possibly dangerous viruses that could infect your other
property or mobile device while you were using the app or perusing
any of its contents;
12.8.4 Any data or correspondence that our systems or the
application use or intercept without authorization before receiving
it;
12.8.5 To the extent allowed by applicable law, we will not be held
responsible for any unauthorized use or access to the information we
keep about you or your transactions, unless it results from our
carelessness, wrongdoing, or a breach of the laws protecting
personal data.
12.8.6 Anything that originates elsewhere.