Last updated

This user agreement is effective as of February 01, 2022.

Welcome !

This user agreement is a contract between you and NIMA Codes, SARL. governing your use of the NIMA Codes services.

You agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you:

• Privacy Policy

We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening a NIMA Pay Account

We offer accounts for two types of purposes: personal accounts and approved business accounts. You may only have one personal account. To create a personal account, you must be a resident of one of the regions covered by NIMA, the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your NIMA account is a personal account unless you have received our express written approval to open a business account.

Personal NIMA Pay accounts let you do things like:

• Make payments with friends.

• Transfer money for purchases of goods and services.

• Buy things through an authorized merchant’s mobile website, app, or NIMA business profile.

We may also offer you the ability to set up a business profile within your personal NIMA account, which you can use to receive payments for the sale of goods and services. This feature is offered in our sole discretion and may not be available to all users.

Keep confidential any credentials you use to access your NIMA account and the NIMA services. You must keep your phone number, email address and other contact information current in your NIMA account profile.

Closing Your NIMA Account

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your NIMA account even after the NIMA account is closed. Any incomplete transactions or transfers must be completed or canceled and you must transfer any money from any personal or business profiles of your NIMA account before closing it. In certain cases, you may not close your NIMA account, including:

• To evade an investigation.

• If you have a pending transaction or an open dispute or claim.

• If you owe amounts to us.

• If your NIMA account is subject to a hold, limitation or reserve.

If your NIMA account is closed for any reason, any business profile and any services affiliated with your account will be canceled.

Using Money Sent to You on NIMA

To hold a balance and use money sent to you for NIMA payments to other users or authorized merchants, we must verify the required identifying information you provide to us. The required identifying information is:

• For a personal account or a business profile of an unincorporated business/sole proprietorship: name, physical address, date of birth, and social security or taxpayer identification number; or

• For a business profile of any other type of business legal entity: business name, business address, taxpayer identification number, and proof of business existence.

Until you verify the required identifying information, you will be able to receive money into your NIMA account, but there may be restrictions on how you can use this money.

Receiving Money into Your NIMA Account

If we have verified the required identifying information that you provide to us, NIMA may offer you the ability to add money to your balance using multiple payment sources such as credit cards or mobile money payments, among other things, subject to the applicable fees.

Holding Money in Your NIMA Account

You may store funds in your NIMA Account, these make up your balance. You may add funds to your balance using multiple payment sources such as credit cards or mobile money payments, among other things. When you do, you are authorizing us to debit those sources. If we incur costs because you have insufficient funds in your account, you will cover those costs.

Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions. You are solely responsible for all funds necessary to complete any payments initiated through the Service. You agree to reimburse NIMA for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Service.

NIMA may impose limits on the amount you can keep in your Balance and reserves the right to change these limits at any time. Funds in your NIMA Balance might not be available to use for all types of transactions. If you have a Restricted Account, then you may not use your NIMA Balance to make payments to other NIMA customers unless you first upgrade to an Unrestricted Account

Transferring Money out of Your NIMA Account

Money in your NIMA account may be transferred out of NIMA by:

• Withdrawal to a mobile money account available through our service. Or

• Or any other cash out service that we could offer support through our platform.

We review account and transaction activity at various times, including when transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.

Reviews may result in:

• delayed, blocked or cancelled transfers;

• money or payments being held by us;

• money or payments being applied to amounts you owe to us or used to offset loss incurred by us;

• account limitation, suspension or termination; money or payments being seized to comply with a court order, warrant or other legal process;

• and/or money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised NIMA account, or if you were a participant in a transaction for goods and services between two personal accounts.

NIMA SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE NIMA TO TRANSACT WITH PEOPLE YOU DON’T KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. UNLESS NIMA EXPRESSLY AUTHORIZES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, TRANSACTIONS WITH AN AUTHORIZED MERCHANT OR BUSINESS PROFILE, TRANSACTIONS MADE WITH YOUR NIMA WALLET, OR PAYMENTS THAT ARE IDENTIFIED AS FOR GOODS AND SERVICES, PAYING OR RECEIVING PAYMENT FOR A GOOD OR A SERVICE IS PROHIBITED. IF YOU USE NIMA TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE MONEY SENT FOR THEM.

Account Statements

You have the right to receive an account statement showing your NIMA account latest activity. You may view your NIMA account statement by logging into your NIMA account.

Making Payments

You can send money to or request money from a NIMA user. They will have to accept any charge request before you are sent money. When you accept a charge request sent by another NIMA user, you will send them money.

Payments with friends

You can send money to or request money from a friend using the Pay and Request feature in your NIMA account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send money to or request money from a friend, even if they don’t have a NIMA account at the time you send the payment, using their mobile number. If the friend does not have a NIMA account, they can claim the payment by opening a NIMA account. We may, at our discretion, impose limits on the amount of money you can send, including money you send to friends.

We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. These sending limits apply for all transactions combined in your account, including any transactions through your business profile.

If you use your credit card as the payment method when depositing money, you may also be charged a cash-advance fee by your card issuer.

In order to manage risk, we may limit the payment methods available when you make a payment. Fees and limits may change from time to time in our sole discretion.

Selling goods or services on NIMA

You can receive payments for the sale of goods and services only by using a business profile or by asking the sender to identify a payment as for goods and services. Selling on NIMA, including receiving payments in your business profile or that are identified as for goods and services, might be subject to applicable fees.

If you refund a transaction to a buyer, there are no fees to make the refund, but the fees you originally paid as the seller are not returned. We may restrict the use of your NIMA account, including any business profile, if the selling activity through your account, including any business profile, reaches certain thresholds, involves certain activities or violates any terms between you and us.

In addition, if your selling activity meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your business activities or resolve claims or disputes), and we may suspend or place limits on your account until we receive the requested information and documentation.

Refunds, Reversals and Chargebacks

Refunds for Transactions

When you buy something from a seller on NIMA using the "Pay and Request" feature in your NIMA account, either by sending a payment to a business profile or identifying it as for goods and services, and the transaction is refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used. If you receive a payment through a business profile or for otherwise selling goods and services(such as when a sender identifies a payment as for goods and services) and that payment is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fees below).If you refund a transaction, we might retain fees you paid.

In the event of a successful claim under the NIMA Purchase Protection Program, we will initiate the refund process. The amount of the refund will be deducted from the profile that received the payment. If the balance in that profile does not cover the payment amount due, plus the fees, this will result in a negative balance, which you owe to us. In that situation, we may use any of the payment methods linked to your profile to cover the amount due. If the payment methods linked to your profile do not cover the amount due, you must immediately add funds to resolve the negative balance. If you don’t, we will take any or all actions as outlined under Amounts Owed to Us.

Payments that are invalidated and reversed

Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, we determine that a purchase is eligible for the NIMA Purchase Protection Program (in which case we may reverse funds from the seller’s account to refund the buyer) or if the payment was for activities that violated this user agreement or any other agreement with us. As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability. When recovering the amount of an invalidated payment from you, we may apply any money sent to you on NIMA, request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may:

If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your NIMA account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank.

Chargeback fees

If you receive a debit or credit funded payment in your business profile or that is identified as for goods and services and the buyer pursues a chargeback for the transaction with their card issuer, we may assess a chargeback fee.

Restricted Activities

In connection with your use of our websites, your NIMA account, the NIMA services, or in the course of your interactions with us, other customers, or third parties, you must not:

• Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;

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

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

• If you have a personal account, use your NIMA account to conduct transactions for goods or services with other personal accounts, except as expressly authorized by NIMA;

• Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;

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

• Provide false, inaccurate or misleading information;

• Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;

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

• Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;

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

• Use the NIMA services in a manner that results in or may result in:
  • complaints;
  • disputes; claims, reversals, chargebacks,
  • fees, fines, penalties or other liability or losses to NIMA, other customers, third parties or you;

• Use your NIMA account or the NIMA services in a manner that we, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;

• Have any amounts owed to us;

• Provide yourself a cash advance from your credit card (or help others to do so);

• Access the NIMA services from outside the countries covered by NIMA Services;

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the NIMA services) operated by us or on our behalf or the NIMA 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 NIMA 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 our websites, software, systems (including any networks and servers used to provide any of the NIMA services) operated by us or on our behalf, any of the NIMA services or other users’ use of any of the NIMA 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 NIMA services to test credit card behaviours, or make excessive or unexplainable transactions;

• Circumvent any of our policies or determinations about your NIMA account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional NIMA account(s) when you have amounts owed to us or when your NIMA account has been restricted, suspended or otherwise limited; opening new or additional NIMA accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s NIMA account; or

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

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your NIMA account, and/or close or suspend your NIMA account, immediately and without penalty to us;

• Refuse to provide the NIMA services to you in the future;

• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the NIMA services) operated by us or on our behalf, your NIMA account or any of the NIMA services, including limiting your ability to pay or send money with any of the payment methods linked to your NIMA account, restricting your ability to send money or make bank transfers;

• Hold money in your NIMA account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;

• Suspend your eligibility for the NIMA Purchase Protection Program;

• Update inaccurate information you provided us;

• Take legal action against you; or

• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.

If we close your NIMA account or terminate your use of the NIMA services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your NIMA account or that has been sent to you available for bank transfers.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the NIMA services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.

Holds and Limitations

You will have access to a limited subset of the Services until your identification has been verified as required by the Act. In certain circumstances in order to protect the Services, the Account and the network it uses, we may, in our sole discretion or at the direction of a third party, take account-level or transaction-level actions including, but not limited to, placing a hold on a transaction, placing a hold on the Account, deactivating the Account and/or taking similar actions on the services offered by NIMA. When you initiate a deposit of Funds via electronic funds transfer, we may hold the Funds for up to five (5) business days after the day you make the deposit. During this hold period, we may limit your right to use the Services, and we may refuse to accept any deposit made by you. When you provide new or updated personal information, we may put a hold on the Account. We may maintain this hold until we confirm this information, which confirmation may require you to provide supporting documentation. Our decision about holds, deactivations and other actions may be based on confidential criteria that are essential to our management of risk and the protection of NIMA, our affiliates, our customers and/or service providers. We may use proprietary fraud and risk monitoring when assessing the risk associated with the Account. In addition, we may be restricted by the Act from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you

Error Resolution

What is an error

An “error” means the following:

• When money is either incorrectly taken from your NIMA account or incorrectly placed into your NIMA account, or when a transaction is incorrectly recorded in your NIMA account.

• You send a payment and the incorrect amount is debited from your NIMA account.

• An incorrect amount is credited to your NIMA account.

• A transaction is missing from or not properly identified in your NIMA account statement.

• We make a computational or mathematical error related to your NIMA account.

What is not considered an error

The following are NOT considered errors:

• If you give someone access to your NIMA account (by giving them your login information) and they use your NIMA account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

• You request a receipt or periodic statement documents that we are required to provide to you.

• Routine inquiries about money in your NIMA account or the status of a pending transfer to or from your NIMA account, unless you expressly notify us of an error in connection with the transfer.

• Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

• Claims under the NIMA Purchase Protection Program.

In case of errors or questions about your electronic transfers

Please contact NIMA customer service immediately via email at hello@nima.codes.

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Filing a chargeback or reversal with your financial institution related to a NIMA payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

• Tell us your name and account number (if any).

• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your NIMA account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your NIMA account.

For errors involving new NIMA accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new NIMA accounts, we may take up to 20 Business Days to credit your NIMA account for the amount you think is in error.

We will tell you the results within 3 Business Days after completing our investigation.

• If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

• If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receiving less than the correct amount to which you were entitled, then we will credit your NIMA account for the difference between what you should have received and what you actually received.

• You receiving more than the correct amount to which you were entitled, then we will debit your NIMA account for the difference between what you actually received and what you should have received.

• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
  • through no fault of ours, you did not have enough available funds to complete the transaction;
  • our system was not working properly and you knew about the breakdown when you started the transaction; or
  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from us applying holds or limitations.

• Delays based on a payment review or bank transfer review.

• Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.

• Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

Communications Between You and Us

If you provide us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your NIMA branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by NIMA.

We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.

You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it. Unless you’re communicating with us about a matter where we’ve specified another notice address.

You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this user agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of the NIMA services) operated by us or on our behalf or some or all of the NIMA services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.

Security interest

As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your NIMA account and any other funds held in our possession.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from money that is sent to your NIMA account later, either by you or from payments sent to you. While you owe amounts to us, we may:

• reverse payments you have sent;

• engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and

• place a limitation or take other action on your NIMA account as outlined under Restricted Activities and Holds.

If you have more than one NIMA account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one NIMA account against money in or money sent to your other NIMA account(s). If you continue using your NIMA account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.

In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your NIMA account or accounts held at our affiliates or various products to pay any amounts that are past due. This includes accounts and amounts owed by using our various products.

IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

Assumption of rights

If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “NIMA” to refer to NIMA Codes SARL., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify NIMA for actions related to your NIMA account and your use of the NIMA services. You agree to defend, indemnify and hold NIMA harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the NIMA services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your NIMA account or access our websites, software, systems (including any networks and servers used to provide any of the NIMA services) operated by us or on our behalf, or any of the NIMA services on your behalf.

Limitation of liability

We will only be liable to you for direct damages or loss resulting from gross negligence or willful misconduct on our part arising directly from our performance and responsibilities under the Agreement. You expressly acknowledge and agree that we will have no liability or responsibility whatsoever for any direct, indirect, special, punitive or consequential damages or loss however caused, arising out of your use of the Services, including, but not limited to: (a) losses resulting from fraudulent or unauthorized transactions, regardless of whether you have kept your NIMA login credentials confidential and secure and have monitored and safeguarded the Account; (b) losses related to the installation, use, or maintenance of personal computer, equipment, software, or caused by any worms, bugs, viruses, trojan horses, date bombs, defects, time bombs or other items of a destructive nature which may be transmitted to or using the Site or Services; (c) any third-party claims or losses of any nature, including lost profits, punitive or consequential damages; (d) losses resulting from any act or omission of another user of the Services including through P2P Transfers; (e) losses related to any errors, mistakes, inaccuracies or omissions in the Content or Services; or (f) losses related to any P2P Transfers that you send or receive, regardless of whether they were authorized by or intended for you. The P2P Transfer feature is a money transmission service and, as a result, fraudulent transactions may result in the loss of Funds with no recourse.

Force Majeure

We are not responsible or liable for any damages or loss resulting from causes outside our direct control, such as failure of electronic or mechanical equipment or communication lines, electronic viruses or malware, unauthorized access to our systems, theft, operator error, severe weather, natural disasters, strikes or other labour problems, wars, disease, epidemic, governmental restrictions, or for any loss of information caused by disruptions in or malfunctions of the Services.

Collection and Use of Information

Your security and privacy are our utmost concern. We do not sell, rent or otherwise disclose your personal information collected to third parties except as required to deliver the Services.

We may disclose your personal information to our affiliates within the NIMA group of companies for the purposes of providing you the Services as well as to help us develop, enhance, provide and inform you of other services, products, or promotions offered by them (the “Related Services”). Additional terms and conditions and fees may apply to the Related Services.

All information that we may collect through your use of the Services is subject to our Privacy Policy which is available at nima.codes/privacy. Our Privacy Policy is incorporated into this Agreement by reference and by agreeing to this Agreement you hereby agree and consent to our Privacy Policy.

We are responsible for protecting the security of your data and personal information that is in our possession and will maintain commercially reasonable administrative, technical and physical procedures to protect your data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You understand and agree that you use the Services at your own risk.

Content Posted by Users

When using NIMA’s products and services, you may have the ability to post content (e.g., payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit. We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on NIMA. NIMA does not endorse, guarantee, make representations or provide warranties regarding any such content. NIMA may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. NIMA shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. NIMA is not responsible for any failure or delay in removing any such content.

Prohibited Use

In connection with your use of the Services, the Account, the Site, or in the course of your interactions with us, other clients, or third parties, you shall not, directly or indirectly:

• breach this Agreement or any other agreement between you and NIMA, our affiliates or our service providers;

• violate any law, regulation, or rule;

• Infringe NIMA’s, its affiliates’ or any third party’s intellectual property, trademarks or other proprietary or legal rights;

• conduct fraudulent transactions, conduct what we reasonably believe to be potentially fraudulent transactions, or otherwise carry out behaviour deemed fraudulent or potentially fraudulent in our sole discretion;

• Use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liabilities or losses to NIMA, our affiliates, other clients, third parties or yourself;

• send, request or accept unsolicited P2P Transfers;

• attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;

• use the Service to make transactions for the sole purpose of earning rewards, perks, miles, points, etc. with your linked credit card;

• use or attempt to use another person’s Account or impersonate another person;

• create or control more than one Account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;

• provide false, inaccurate or misleading information;

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

• have any amounts owed to us, our affiliates or our service providers;

• participate in gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from NIMA and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law;

• conduct transactions that involve items that encourage, promote, facilitate or instruct others to engage in dangerous or illegal activity;

• conduct transactions that involve items that promote crime, hate, violence, racial intolerance, or the financial exploitation of a crime;

• use the Services for payroll purposes;

• copy the Site, Services or any Content in whole or in part;

• modify, translate, adapt or create any derivative works or improvements of the Site, Services or Content;

• access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;

• share the personal information of third parties in violation of applicable law;

• support pyramid or ponzi schemes, matrix programs, inappropriate or offensive content;

• engage in any behaviour that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

• defame or disparage NIMA, the Services, our affiliates or any of our employees, directors or contractors; or

• impersonate, intimidate or harass another person, including employees, directors or contractors.

Anti-Hacking Provisions

You are further prohibited from violating or attempting to violate the security of the Services or NIMA’s or any affiliates other systems or network security, including without limitation the following:

• use any robot, spider, offline reader, site search application, site retrieval application or other device, tool, or process (whether manual or automatic) to: access the Site; retrieve the Services; or retrieve, index or data mine the Site; or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content, including with respect to any CAPTCHA displayed;

• use any automated software or computer system to search for, retrieve, process or otherwise allocate the Service;

• access data not intended for users of the Service;

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load the Site or its infrastructure;

• use the Site, alone or in conjunction with any device, program or service, in an attempt to circumvent any technological measure that effectively controls access to, or the rights in, the Site, or the Service in any way including, without limitation, by manual or automatic device or process, for any purpose whatsoever;

• gain unauthorized access to the Service, an account, server or any other computer system;

• attempt to or engaging in, directly or indirectly, probing, scanning or testing of the vulnerability of any system, network or the Service or attempting to breach security or authentication measures;

• attempt to interfere with the function of the Service, the Site or the Service’s host or network, including without limitation by submitting, directly or indirectly, any information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

• disrupt or interfere with the security of, or otherwise abuse, the Service;

• send altered, deceptive or false source-identifying information, including without limitation “spoofing” or “phishing”; or

• forge any TCP/IP packet header.

Intellectual Property

Our trademarks

"nima.codes," "NIMA," and all logos related to the NIMA services are either trademarks or registered trademarks of NIMA or NIMA’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of NIMA. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the NIMA services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes NIMA or the NIMA services or display them in any manner that implies NIMA’s sponsorship or endorsement. All right, title and interest in and to the NIMA websites, any content thereon, the NIMA services, the technology related to the NIMA services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of NIMA and its licensors.

License grants, generally

If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then NIMA grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the NIMA services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, us and third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the NIMA services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by NIMA and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you use on the NIMA websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that NIMA does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the NIMA services.

Privacy Policy