What are Subitrade Terms & Conditions?
Use of Subitrade PlatformYou understand that except for information, products or services clearly indicated as being supplied by Subitrade, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Subitrade cannot and does not guarantee or warrant that files available for download through the Subitrade Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output. Prohibited Conduct By accessing or using the Subitrade Platform or by availing Subitrade Services, You agree not to: violate the T&Cs; impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Subitrade Services, perform any other similar fraudulent activity or otherwise avail Subitrade Services 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; use the Subitrade Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Subitrade Services if You are under the age of 18 years old even with a parental sponsor and in accordance with applicable law; post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person; post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature; refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Subitrade; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Subitrade Services and the Platform or features that enforce limitations on the use of the Subitrade Services or the Platform; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards our Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; use the Subitrade Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Subitrade Services or the Platform in an automated manner; modify, adapt, translate or create derivative works based upon the Subitrade Services and the Platform or any part thereof, except and only to the extent that that this is permissible by applicable law; intentionally interfere with or damage operation of the Subitrade Services or the Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; use any robot, spider, other automatic device, or manual process to monitor or copy the Subitrade Platform without prior written permission; interfere or disrupt the Subitrade Platform or networks connected to the Subitrade Platform; take any action that imposes an unreasonably or disproportionately large load on Subitrade’s infrastructure/network; use any device, software or routine to bypass the Subitrade Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Subitrade Services; forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Subitrade Platform or to manipulate Your presence on the Subitrade Platform; sell the Subitrade Services, information, or software associated with or derived from it; use the facilities and capabilities of the Subitrade Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs; provide false, inaccurate or misleading information; use the Subitrade Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Subitrade Platform, except and only as expressly provided in the T&Cs; avail Subitrade Services with what Subitrade reasonably believes to be potentially fraudulent funds; use the Subitrade Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or You; use the Subitrade Services in a manner that Subitrade or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; take any action that may cause Subitrade to lose any of the Subitrade Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; send automated request of any kind to the Subitrade Platform without express permission in advance from Subitrade.
Termination; Agreement Violations
You agree that Subitrade, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or Your use of the Subitrade Services/Platform and remove and discard on the Subitrade Platform all or any part of your account, your user profile, or your recipient profile, at any time. Subitrade may also in its sole discretion and at any time discontinue providing access to the Subitrade Services, or any part thereof, with or without notice. You agree that any termination of your access to the Subitrade Services/Platform or any account You may have or portion thereof may be effected without prior notice, and you agree that Subitrade will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Subitrade may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Subiteade Services/Platform.
Limitation of Liability and Damages
In no event, Subitrade or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Subitrade Services, the Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Subitrade Services, the Platform (including any and all materials) or any reference sites/app/platform/service, even if Subitrade or a Subitrade authorized representative has been advised of the possibility of such damages. In no event, Subitrade directors, employees, agents will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Subitrade Services, the Subitrade Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Subitrade services, the Subitrade Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Subitrade, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Subitrade Service or the Subitrade Platform giving rise to the cause of action, or beyond or in excess N5,000, whichever is less. You acknowledge and agree that Subitrade has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Subitrade, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Subitrade would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Subitrade’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Subitrade, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Subitrade Services or of the Subitrade Platform; (ii) any violation by you of this Agreement or (iii) any breach of the representations, warranties, and covenants made by you herein. Subitrade reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Subitrade, including rights to settle, and you agree to cooperate with Subitrade’s defense and settlement of these claims. Subitrade will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Subitrade and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Subitrade or through the Subitrade Services or the Subitrade Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Subitrade” includes Subitrade’s officers, directors, employees. You acknowledge that Subitrade is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Subitrade Services on the Subitrade Platform is at Your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Subitrade does not warrant that the Subitrade Services will be uninterrupted or error-free or that defects in the site will be corrected. The Subitrade Services and the Subitrade Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Subitrade, and its partners do not warrant that the data, Subitrade software, functions, or any other information offered on or through the Subitrade Services/Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Subitrade and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Subitrade Services/Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Subitrade Services/Platform or any reference sites/platforms/apps/services at your own discretion and risk and that You will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Subitrade be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Platform.
Ownership; Proprietary Rights
The Subitrade Services and the Subitrade Platforms are owned and operated by Subitrade. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Subitrade Services and the Platform provided by Subitrade (hereafter Materials) are protected by Nigerian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Subitrade, all materials, trademarks, service marks, and trade names contained on the Subitrade Platform are the property of Subitrade. You agree not to remove, obscure, or alter Subitrade or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Subitrade Services/Platform. Except as expressly authorized by Subitrade. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Subitrade reserves all rights not expressly granted in this Agreement. If You have comments regarding the Subitrade Services and/or the Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Subitrade, and shall assign to Subitrade, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
Subitrade reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Subitrade Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Subitrade Platform, availing the Subitrade Services or for payment transactions initiated after the posting date. If You do not agree with any such changes, your sole and exclusive remedy is to terminate your use of the Subitrade Services/ Platform. For certain changes, Subitrade may be required under applicable law to give you advance notice, and Subitrade will comply with such requirements.Your continued use of the Subitrade Platform following the posting of changes will mean that You accept and agree to the changes.
Subitrade may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Subitrade Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Subitrade must be sent by courier.
The failure of Subitrade to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Subitrade.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Subitrade must be resolved by a court having jurisdiction in Jos, Plateau State Nigeria.You agree to submit to the personal jurisdiction of the courts located within Jos Nigeria, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Nigerian law. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
This Agreement is the entire agreement between you and Subitrade relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Subitrade in accordance with the terms of this Agreement.
Bill Payments and Digital Products Terms & Conditions
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Subitrade website located at subitrade.com, and all associated sites linked to subitrade.com, or the Subitrade mobile application or any similar platform (hereinafter collectively, the Subitrade Platform) run by Splenor Multi-Resources Limited, on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Subitrade on the Subitrade Platform (hereinafter, individually Subitrade Digital Service and collectively, the Subitrade Digital Services).
The Subitrade Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Subitrade from availing the Subitrade Digital Services or accessing the Subitrade Platform. By accepting the T&Cs or by otherwise using the Subitrade Digital Services on the Subitrade Platform, You represent that you are at least 18 years of age and have not been previously suspended or removed by Subitrade, or disqualified for any other reason, from availing the SubitradebBill Payment and Digital Goods Services or using the Subitrade Platform. In addition, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Subitrade reserves the right to suspend or permanently prevent you from availing Subitrade Digital Services or using the Subitrade Platform.
Subitrade facilitates the payment of certain bills through the Subitrade Platform with respect to certain services offered by Subitrade business partners who have partnered with Subitrade to enable their bills to be paid through the Subitrade Platform. Please see the relevant links on the Subitrade Platform for more information on Subitrade’s bill payment service.
Subitrade is only a reseller of digital products. Subitrade does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. Subitrade is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by Subitrade to you is sold without recourse against Subitrade for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between you (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the Subitrade Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the Subitrade Platform.
All sales of prepaid recharge on the Subitrade Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. Subitrade is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by you on the Subitrade Platform, money has been charged to your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to our customer services e-mail address mentioned on the ‘Contact Us’ page on the Subitrade Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Subitrade will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the recharge, then you will be refunded the money within 21 working days from the date of receipt of your e-mail. All refunds will be credited to your semi- closed wallet. You can trigger a request in your Subitrade wallet to transfer the money from Your Subitrade wallet back to source. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy.
In order to use the bill payments service or any other Subitrade Service, Ylyou will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and you will also need to pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. Subitrade and/or the Subitrade business partner (including Subitrade’s bill payment partners) reserve the right to charge and recover from you, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the Subitrade Platform or on the Subitrade business partner’s channel/portal/website through which you are availing the specific service. You are bound by such revisions and should therefore visit the Subitrade Platform or check with the Subitrade business partner’s channel/portal/website through which you are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that you stop or seek a reversal of the payment instructions as may have been submitted, Subitrade shall be entitled to charge and recover from you and you shall be liable to pay such charges to the bill payment service provider as may be decided by Subitrade. These charges shall be charged on to your designated payment account or in any other manner as may be decided by Subitrade. Subitrade offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the Subitrade business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the Paytm business partner on their channel/portal/website over which the service is being availed. From time to time, Subitrade, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Subitrade business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, you agree to: provide true, accurate, current and complete information about yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Subitrade has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paytm has the right to suspend or terminate Your account and refuse any and all current or future use of the Subitrade Services/Platform (or any portion thereof). The term biller includes telecom operators.
Subitrade assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances: If the payment instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed; If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s); If the funds available in the payment account are under any encumbrance or charge; If your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s); If payment is not processed by biller upon receipt; Circumstances beyond the control of Subitrade (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force). In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.