Introduction
REDBILLER WILL ALWAYS ENSURE THAT THE WEBSITE 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, REDBILLER MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INNACCURACIES, 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 WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.
1. Limitation of Liability
YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: REDBILLER WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER REDBILLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF REDBILLER’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RUSULT OF USE OF REDBILLER’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRITIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
2. Indemnification
You hereby indemnify REDBILLER and undertake to keep REDBILLER indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) 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.
3. Breaches of these Terms
Without prejudice to REDBILLER’s other rights under these Terms, if you breach these Terms in any way, REDBILLER may take such action as REDBILLER deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
5. Governing Law
These Terms shall be interpreted and governed in accordance with the Laws of the Lagos State and you submit to the non-exclusive jurisdiction of the State and Federal Courts located in Lagos for the resolution of any dispute.
6. General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on https:terms will 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.
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. REDBILLER’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
7. Prohibited and Requiring Pre-Approval Sub-Merchant Types
Sub-merchants Requiring Pre-Approval:
REDBILLER shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities unless the REDBILLER is entering into a broad-based program with a recognized referral, technology or marketplace partner that specializes in these types of activities or businesses and such program is pre-approved by REDBILLER in its sole discretion:
i. Age Restricted Products or Services.
ii. Any Sub-merchant where the anticipated % of International Card Sales is expected to be greater than 20% of total sales.
iii. Bail Bond Services or Bankruptcy Lawyers.
iv. Crowd Sourced Fundraising, as defined by REDBILLER from time to time, except however, Crowd Sourced Fundraising shall not be allowed for the purchase of stock or equity, a promise made to deliver a good or service in the future, or there is no consideration in return for the payment or donation.
v. Dating Services.
vi. NGO/Charities
vii. Money Transfer, Wire Transfers, Money Orders, Transmitters, and Check Cashing including merchants unless registered and licensed as a Money Service Business or Money Transfer Operator.
viii. Payment Facilitators (unless Registered & Licensed)
ix. Personal Enhancement Products and/or Nutraceuticals.
Prohibited Sub-Merchants
REDBILLER shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities as may be updated by REDBILLER in its sole discretion from time to time as they are Prohibited by REDBILLER and/or the Card Brand rules:
i. Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Brands.
ii. Any Merchant selling goods or services that represent a violation of any law, statute or regulation.
iii. Any Merchant selling products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark or trade secrets of any third party, such as many Cyberlockers.
iv. Any Merchant accepting a card as payment for a dishonored check or for an item deemed uncollectible by another merchant.
v. Any Merchant that accepts a card at a scrip-dispensing terminal.
vi. Adult entertainment and/or adult content websites including Electronic Commerce adult content (videotext) merchants that would include MCC’s 5967, 7273 and 7841.
vii. Bestiality.
viii. Brand or Reputational damaging, potential or otherwise, activities including Child Pornography, Escort Services, Mail Order Brides, Occult.
ix. Digital Wallet, Cryptocurrency or Prepaid Companies.
x. Drug Paraphernalia.
xi. e-Cigarettes.
xii. Firearms and weapons including Ammunition.
xiii. Internet/Mail Order Pharmacies.
xiv. Investment or “get rich quick” merchants, businesses or programs.
xv. Marijuana dispensaries and related products or services.
xvi. Multi-Level Marketing Businesses.
xvii. “Negative option” marketing, renewal, or continuity subscription practices; marketing activities involving low-dollar trails, “pay only for shipping,” and/or “free trial” periods after which a credit card is charged periodically and/or a significantly larger amount.
xviii. Pawn Shops.
xix. Pseudo Pharmaceuticals.
xx. Psychics and “occult” businesses.
xxi. Quasi-Cash or Stored Value.
xxii. Substances designed to mimic illegal drugs
xxiii. Transacting Virtual Currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.
