TERMS AND CONDITIONS

Welcome to ZotoaTM website,applications,products and services offered by Hedonmark Management Services Limited (HMSL) including its affiliates and subsidiaries having its registered office at Plot 52 Ahmadu Bello Way, Victoria Island, Lagos, Nigeria , through its website and mobile network (collectively, including all Materials available through the www.zoto.com.ng or www.zoto.ng domain names and the ZotoTM website network, including mobile sites and apps, “Sites”) . This End User License Agreement (“EULA”) describes the terms and conditions applicable to your access and use of the Sites and the products and services offered therein.

By using these sites/application and the services and products offered on or through them, you may access the ZotoTM Website and the ZotoTM recharge and payment service. As used in this EULA, the term, “Software” includes the ZotoTMWebsite, any other software owned or controlled by HMSL which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. Software includes analytics and customer service components and its use to occur only as permitted by usage rules set by HMSL and/or its licensors who have provided Materials (as defined herein below) for the Services

1.GENERAL

ZotoTM will not sell, share or rent your personal information to any 3rd party or use your email address/mobile number for unsolicited emails and/or SMS. Any emails and/or SMS sent by ZotoTM application will only be in connection with the provision of agreed services & products and this Privacy Policy. Periodically, we may reveal general statistical information about ZotoTM & its users, such as number of visitors, number and type of goods and services purchased, etc. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure. We reserve the right to use your Personal Information for our Service offers, promotions etc.

2.PERSONAL INFORMATION

Personal Information refers to and includes all information that can be linked to a specific individual or to identify any individual, such as name, address, mailing address, telephone number, email ID, credit card number, cardholder name, card expiration date, information about your mobile phone, that may have been voluntarily provide by the user in connection with availing any of the services on Zoto™. User agrees and voluntarily authorizes Zoto™ to collect his/her personal information as well as information regarding the domain and host from which user accesses the internet, the Internet Protocol [IP] address of the computer or Internet service provider [ISP] you are using, and anonymous site statistical data.

3.USE OF PERSONAL INFORMATION

We use personal information to provide you with services & products you explicitly requested for, to resolve disputes, troubleshoot customize your experience, detect & protect us against error, fraud and other criminal activity, enforce our terms and conditions, etc. We also use your contact information to send you offers based on your previous orders and interests. We may occasionally ask you to complete optional online surveys or feedbacks. These surveys may ask you for contact information and demographic information (like zip code, age, gender, etc.). We use this data to customize your experience at ZotoTM, providing you with options that we think you might be interested in and to display options according to your preferences.

4.COOKIES

A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Zoto™ uses cookie and tracking technology depending on the features offered. No personal information will be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

5.SECURITY

Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

6.YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF SERVICE

Please read the following terms and conditions carefully before registering, accessing, browsing, and downloading the application. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the application and immediately terminate your use of the services.

The Terms and Conditions is a legal contract between you, an individual customer, member, user, or beneficiary of this service of at least 13 years of age ("You"), and ZotoTM Mobile Application powered by Hedonmark Management Services Limited (together with its subsidiaries and other affiliates, "us", "we", " ZotoTM" ), regarding your use of our mobile application (known as "Service") to recharge mobile number and other payments services referred here as “ recharge and payment related products” and related Services. ZotoTM reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions from time to time as it deems fit without further notice to the user and your continued use of the site will signify your acceptance of any adjustment to these terms. User is required to re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "application" may introduce. No notification communication will be done subject to change in terms and conditions..

7.ELIGIBILITY

The services are not available to persons under the age of 13 or to anyone previously suspended or removed from the services by ZotoTM. By accepting these Terms & Conditions or by otherwise using the Services or the Site in future , You represent that You are at least 13 years of age and have not been previously suspended or removed from the Services. You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

8.ABOUT ZOTOTM

We at ZotoTM are dedicated to offer payment related services wherein you can recharge your mobile phone. The version of the application may be upgraded from time to time and hence user is advised to download the application to support for new functions and services failing, the services may be discontinued or you may not be able to use the latest features and functionality. The service needs internet connection.

The service shall not be available to the user in the following cases:

  • During no network coverage
  • When data connection is turned off
  • Change in application permission settings
  • If the application is deleted from the handset
  • During any application or phone OS error (i) failure of any technical infrastructure.

ZotoTM and its partners are not liable to subscriber for any damage or alteration to its mobile handset as a result of the installation or use of the application

ZotoTM has tied up a strategic partnership with a third party enabler for the mobile phone recharge. ZotoTM is not responsible for any delay, pricing or cancellation of recharge from mobile operators end. Though, we ensure best efforts are made to keep the service above acceptance levels.

User is solely responsible for the selection of mobile operator and the recharge amount. ZotoTM is not responsible for talk-time given against recharge done through ZotoTM Mobile application or website as this is purely at mobile operator's disposal

9.COMMUNICATION POLICY

  • By accepting the terms and conditions the customer accepts that ZotoTM may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period.
  • The customer acknowledges that the SMS service provided by ZotoTM is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, ZotoTM shall be immediately informed by the customer and ZotoTM will make best possible efforts to rectify the error as early as possible. The customer shall not hold ZotoTM liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility
  • The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. ZotoTM shall not be responsible for any non-delivery, delayed delivery of recharge or distortion of the alert in any way whatsoever.
  • By accepting the terms and conditions the customer acknowledges and agrees that ZotoTM and our affiliates may contact you via communication modes including but not limited to mobile application, sms, email and telephonic calls. The mobile phone number, email can be provided by the customer while registering for the service or while updating the profile or for verification to any such details or communicated by the customer and for the purpose of collecting feedback from the customer regarding their experience.
  • ZotoTM and its affiliates may offer promotions such as cashbacks, coupons and rewards from time to time. ZotoTM reserves the right, at its sole discretion, to revise, or revoke such promotions from time to time as it deems fit without further notice to the user. The customer shall not hold ZotoTM liable for any loss, damages, claim, and expense including legal cost that may be incurred / suffered by the customer.

10.PROHIBITED CONDUCT

By using the Services you agree not to:

  • Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity , or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds.
  • Infringe our or any third party's intellectual property rights, rights of publicity or privacy
  • Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
  • Post or transmit any message, data, image or program which is pornographic in nature
  • Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Zoto
  • Use any robot,spider, other automatic device, or manual process to monitor or copy the Site without prior written permissionure
  • Interfere or disrupt this application or networks connected to this application
  • Provide false, inaccurate or misleading information
  • Use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
  • Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to ZotoTM, a third party or You
  • Use the Services in a manner that ZotoTM or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network PRIVACY POLICY & INFORMATION USAGE

    We respect your privacy at ZotoTM and value your trust. We are committed towards protecting your privacy. Authorized employees within our company on a need to know basis only use any information collected from ZotoTM user. We constantly review our systems and data to ensure the best possible data security to our customers. We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mails unless explicitly mentioned. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

11.ACCOUNT PASSWORDS AND REGISTRATION

  • You agree that the information provided to ZotoTM by You on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
  • In order to enhance security of transactions and enhance seamless access to your bank account for continual use of ZotoTM, users may be required to verify their debit/credit cards on a one-off basis using 3D secure code provided by their bank/issuer of their cards. A successful one-time 3DS verification automatically locks ZotoTM to the particular debit/credit card for seamless access to the bank account for future transactions. Users should therefore not compromise access to their ZotoTM account and are therefore deemed to have authorized all access to their ZotoTM account as well as transactions conducted thereon following the said 3DS verification.
  • If You have reason to believe that Your Account is no longer secure or has been compromised in some way (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your mobile phone, account ID, PIN, Password, or any credit, debit or prepaid cash card number or net banking login/password, if applicable), then You agree to immediately provide correct information failing which we will not be liable for any misuse. You agree that you shall not distribute the password to anybody else and hence ZotoTM shall not be responsible for any kind of usage.

CREATE ACCOUNT AND PASSWORD

Your mobile number/email-id/facebook id or any other relevant ID as communicated by ZotoTM is a first step for sign up that will identify your account and thereby all of your transactions a nd account related activity on ZotoTM.We encourage you to choose a strong pin to protect your account.

12.BILLING AND PAYMENT

ZotoTM provides your transaction history in the format of its choice, which may change from time to time. This summary may be found by logging into your account (if you have registered and created an account) on the future site . All charges will be automatically placed to your credit card, debit card, prepaid cash card, and mobile money account for the amount of Recharge successfully purchased at the time of purchase. No additional notice or consent will be required for charging Service use to your credit card, debit card, and mobile money account.

We accept Credit and Debit Cards from various card networks as mode of payments, which are processed through our payment gateway partner.

14. REFUND PROCESS

  • Please connect with our customer care via email or in-app help center.
  • Refund is only applicable in the event of proven gross negligence on the part of ZotoTMresulting in the non-completion of the user’s transaction, in all other cases, the user shall bear the responsibility of his transaction for all intents and purposes.
  • The customer care team will validate the request by checking the timelines, transaction type, warranty terms, etc and shall take the request for refund
  • You can check the status of your refund in Your Account on the transaction history page.

15. PROBLEMS PAYING FOR ZotoTM BY CARD

Declined card payment? We know it's frustrating, but the truth is that it happens to a lot of people. Below are common reasons why. We hope they help answer your payment question so you can get back to enjoying ZotoTM.

WHEN WAS YOUR PAYMENT DECLINED?

  • While on the ZotoTM Mobile Application /Website trying to make a payment or start a service.

DECLINED WHILE ON THE ZOTOTM APP/WEBSITE TRYING TO MAKE A PAYMENT OR START A TRIAL:

For the most part, banks don’t tell us the exact reason for declining a card transaction. But here are a few possible explanations that may offer some guidance. However, to reduce the guesswork, you may find talking to your bank to be the most direct route to an answer and a solution.

  • Your card may not be enabled for online transactions. You may want to contact your bank to make sure you’re enrolled in their 3-D secure online transaction protection program (“Verified by Visa” or “MasterCard” for example).
  • Your current card may have been cancelled. You may want to contact your bank to confirm a new card has been issued.
  • You may have entered the incorrect CVV/CVC security code. The CVV/CVC code is your card security code (on the back of your card). Without the correct code, the transaction won’t be approved.
If you continue to have issues and don’t have another card, please contact your bank for further assistance. Your bank's phone number should be provided on the back of your card.

17. LIMITATION OF LIABILITY AND DAMAGES

ZOTOTM and Hedonmark Management Services Limited (HMSL) will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. All transaction on the ZOTOTM application or website whether monetary and otherwise, are non-refundable, non-exchangeable and non-reversible. Save and except in the event of proven gross negligence on the part of Zoto™ or its employees, in which event the user agrees that the user shall only be entitled to a refund of the amount actually paid by the user and actually received by ZOTOTM with respect to the recharge done by the user or any other services transacted by the User. For the avoidance of doubt, the total liability of HMSL, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited for all intents and purposes to the value of the the amount actually paid by the user and actually received by ZOTOTM with respect to the recharge done by the user or any other services transacted by the User with ZOTOTM. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis,even if ZOTOTM has been advised of the possibility of such damage.

18. OWNERSHIP; PROPRIETARY RIGHTS

The Services are owned and operated by ZOTOTM and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services provided by HMSL are protected by Nigerian copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and ZOTOTM, all Materials, trademarks, service marks, and trade names contained in the application are the property of HMSL and/or third party licensors or suppliers. ZOTOTM reserves all rights not expressly granted in this Agreement.

19. DISCLAIMER

  • This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Service, whether for breach of contract, tortious behavior (including, without limitation, strict liability), negligence, or under any other cause of action, to the fullest extent permissible by law. You specifically acknowledge that ZOTOTM is not liable for the offensive or illegal conduct of other users or third-parties over which it has no control or for any disclosure of any type of information transmitted through the use of the Service.
  • ZOTOTM is not liable for damages, losses and causes of action whether in contract, tort (including, without limitation, strict liability) for accessing the Service.ZOTOTM also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your system/ equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
  • As highlighted under clause 11 above, users who have undertaken 3DS verification of their cards on ZOTOTM shall bear the sole responsibility for the security of their accounts and shall for all intents and purposes be deemed to have authorized all transactions conducted on their ZOTOTM account. Users with 3DS verification shall therefore not be entitled to any claim against ZOTOTM for cash back due to unauthorized transactions or any other claims related to transactions conducted on their ZOTOTM account. These users shall therefore keep Zoto indemnified and harmless at all times and hold ZOTOTM free against any cashback claims or such other claims and damages they may suffer in relation to transactions conducted on their account including but not limited to direct financial losses or indirect, special, consequential, exemplary, or punitive damages.

20. FORCE MAJEURE

ZOTOTM shall not be liable to the user for any failure to perform the services contemplated under these terms and conditions due to an event beyond the its control including but not limited to any Act of God, terrorism,war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality including those attributed to the failure of its third party partners to honour any of their obligations, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.