Terms and Conditions

Welcome to Flom!

These Terms and Conditions of Use (“these Terms”) is published by QRIOS NETWORKS LIMITED (“the Company”). The Company has and is providing a financial technology platform aimed at providing aseamless payment service to financial institutions (the Services).

These Terms applies to the use of the Company’s Website, Digital Platform, services, features, technologies, and/or functionalities offered by the Company. The Website and its original content, features, and functionality are owned by the Company and are protected by international, local and national copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

1. Applicability of these terms

  1. These Terms apply to you if you are a user of the Website or services of the Company, either in the Federal Republic of Nigeria or anywhere in the world.
  2. Kindly review these Terms, our policies and instructions to understand how you can and cannot use the Service. You must comply with these Terms in your use of this Website and only use the Website and services therein as permitted by applicable laws and regulations, wherever you may be when you use them.
  3. Where there is a restriction on the use of the services offered on the Website in your jurisdiction, the Company will not be liable for the illegal use of the Website in that jurisdiction and some functionality may not be available.

2. The Service

  1. The Company is a duly license payments services company by the Central Bank of Nigeria. It leverages on the deployment and use of technology to service its clients. The Company’s Website and Digital Platform allows the User to process funds in payment of goods and services through the financial institutions. This is done mainly through the use of USSD and connectivity with the financial institutions banking backend.
  2. The Website and Digital Platform supports and aids real time transfer and provision of financial services.

3. Account registration and eligibility of user

  1. In order to access and use the Website and its services, you need to create an account on the Website. Your account is personal to you and you are prohibited from lending, transferring, gifting or otherwise permitting any other person to access or use your account. Your account name, user ID and other unique identifiers you adopt within the Platform remains our property which can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
  2. It is your responsibility to:
    1. protect your account details, including any passwords or pin used to access your account and the Platform, and
    2. Safeguard and manage the use of your Account, including any transaction made and/or payment obligations arising under your account.
  3. Where you suspect that your account has been compromised, promptly inform us. Once a concern has been raised by you regarding a compromise on your account, we will promptly suspend your account.
  4. You agree that any Personal Information you provide us upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as the need arises. It shall be your absolute responsibility to notify us of any change in your Personal Information.

4. Restriction of use

  1. Subject to the relevant legal age in your country, the use of the Website and its services are restricted to persons between the ages of 18 and above. If you are under the age of 18, you must not access the Platform.
  2. If you are using the Platform on behalf of a company, partnership, association, government, parastatal or any other organization, you warrant that you are authorized to do so and that you are authorized to bind your organization to these Terms. In such circumstances, the name of the organization will be included.

5. Payment service

  1. You agree that from time to time, you may make payments and/or transfers to other users or third parties as part of your use of the Platform and the provision of additional features within the Platform. You are solely responsible for all fees, deductions, charges and taxes, where applicable, associated with any such payments.
  2. You agree that we may change any fees or rate that we charge for usage of the Platform, its features, products or services and this will be published within the Platform.
  3. Unless permitted by any mandatory applicable laws and regulations, or as specifically provided by us in these Terms, in and under no circumstance, whether used or unused, will we provide a refund for any payments or transfer made by you, in contravention of any provision of these Terms.
  4. Where you reasonably believe that we have charged you in error, and subject to any mandatory applicable laws and regulations:
    1. you must contact us within 5 days from the date of the disputed charge; and
    2. No refunds will be given for any erroneous charges after such 5 days’ period has elapsed.
  5. You agree and authorize that we may process payments from you on the Platform via a third-party service, and we may provide your relevant Personal Information to such third parties to process your payments. Where we process your payment through third parties, you agree to comply with the relevant third parties’ terms and conditions in relation to the payment processing service.

6. Authorization

You irrevocably and unconditionally authorize us and any of our partner banks to access your bank account(s) and your Personal Information registered thereon, to authenticate your details and settlement of payments or transfers initiated by you. You also authorize our partner banks to investigate and where necessary place restriction on any transaction suspected to have been fraudulently initiated by you or through your account/wallet, proxy account or any third-party account suspected to be affiliated to you. You expressly authorize our partner banks to disclose to any legally permitted third parties whether in your jurisdiction or elsewhere, all user information in their possession, as may be required by them for legal and regulatory purposes.

7. Authentication

For internal use only, we may make any enquiries we consider necessary to validate your identity and/or authenticate your account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take other steps to confirm ownership of your email address, mobile number or any other information you have provided. We may also take steps to verify your information against third party databases or through other sources.

8. Third Party Content

  1. There may be, from time to time, third party contents, programs, products and/or services on the Website that are subject to further terms of a third-party provider, site, platform or link. You are solely responsible for reviewing and complying with any such third-party terms and conditions relating to the use of such third-party site, material, service, product or link. We do not guarantee that any third-party content will be free of material you may find objectionable or otherwise. We disclaim any responsibility or liability related to your access or use of any such third-party content.
  2. In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, lost data or profits, or any liability, arising out of or in connection with the use of these third-party contents.

9. Prohibited Activities

  1. In connection with your use of the Website and the Digital Platform, you agree not to:
    1. breach these Terms, or any other agreement or policies that you have entered into directly or indirectly with us or any of our affiliates;
    2. violate any law, statute, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising and any other Laws or Regulation whether in your jurisdiction or elsewhere);
    3. use the Platform to propagate, make payments or transfer funds which may be used, connected, or construed of inciting terrorism, war, arms purchase, drug trafficking, money laundering, kidnapping, ransom payments and other prohibited vices.
    4. provide false, inaccurate or misleading Personal Information;
    5. create more than one account directly or through a proxy, using falsified information using temporary email address(es) or phone number(s);
    6. send what is reasonably believed to be potentially fraudulent funds or initiate an obvious fraudulent transaction;
    7. Circumvent any restrictions on access to or availability of the Services;
    8. refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us or closing down your account with the intention to obstruct an ongoing investigation on your account whether in your jurisdiction or elsewhere;
    9. control an account that is linked to another account that has engaged in any of these restricted activities;
    10. conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, fees, fines, penalties and other liability;
    11. disclose or distribute another user’s Personal Information to a third party, or use the information for any other purpose without the authorization of the user;

10. Warranty and Disclaimer

  1. Our Service is provided "as is," and we will endeavor to make it safe and secure or work perfectly all the time for provision of due service. To the extent permitted by law, we will endeavor to have secured access to the Platform. You are expected at all times to ensure that you follow proper or complete instructions when using the platform.
  2. Other circumstances not within our control include without limitation, force majeure, error, interruption, delay or non-availability of the platform, terrorist or any enemy action, equipment failure, loss of power, failure of any public or private telecommunications systems. We will however work at all times to provide the service to the best of our ability.

11. Limitation of Liability

  1. To the extent permitted by any applicable laws and regulations, in no event will we or any of our affiliate companies be liable for any of the following in relation to these Terms or your use of the Platform, for any damages or losses caused by:
    1. any natural disaster such as floods, earthquakes or epidemics which makes the platform unavailable;
    2. any other event such as wars, riots or government actions which makes the platform unavailable;
    3. any computer virus, trojan horse or other damage caused by malware or hackers for the time the platform is down;
    4. any malfunction or failure of our or your software, system, hardware or connectivity for the time the platform is down;
    5. improper or unauthorized use of the Platform;
    6. using the Platform or its functionalities/service in breach of these Terms;
    7. any reasons beyond our reasonable control or predictability; or
    8. failure of the user to save or back up any data or other content;
    9. Any loss or damage which are not foreseeable, indirect, special, consequential, exemplary or punitive damages or losses. for the purposes of this clause, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; and/or
    10. loss of use;
    11. loss or interruption of business;
    12. loss of actual or projected revenues;
    13. loss of actual or projected profits;
    14. loss of goodwill;

12. Translation

These Terms may be translated into multiple languages. Where there is any difference between the English version and any other language version of these Terms, the English version will Apply (to the extent permitted by applicable laws and regulations).

13. Third Party Agreement

  1. You acknowledge and agree that these Terms are between you and us, not with any third party (including, but not limited to Google, Apple or any mobile or telecommunication or network carrier). We are only responsible for the services we provision on the Platform. Your use of the Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple or Google), your mobile device manufacturer (e.g., Huawei, Samsung), your mobile network provider and other parties involved in providing your mobile device service.
  2. Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the third-party software and we do not endorse, support or guarantee the quality, reliability or suitability of any third-party software. You must comply with any terms and conditions applicable to such third-party software which you use. Similarly, we do not provide any technical support for any third-party software; all request for third party software support must be passed to relevant support team of the supplying third party.
  3. Third party operating system providers such as Google, Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Allowed Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the Platform Services. You agree that we are not a party to those agreements and have no responsibility for the products and services provided by these third parties.

14. Termination

  1. We are allowed to opt out or terminate your use of the Service or any of the Platform functionalities at any time. There may be occasions where we will deduct a fee for termination, (if the terminated service or feature is a paid service or feature) being compensation for charges which we may incur as a result of the termination.
  2. The following conditions will lead to a suspension or termination of your access to your account and any of the Platform’s functionalities or features:
    1. to make changes or undertake any maintenance activities to the Platform as notified by us to you;
    2. if we reasonably believe that you have breached these Terms;
    3. if we have reasons to suspect that your use of the Platform poses a risk for us or other Platform users or gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation or platform;
    4. if such suspension or termination is required due to applicable Laws; or
    5. to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion, and where reasonably practicable, we will give you advance notice of any suspension or termination.
  3. If your access to the Platform is terminated either in whole or in part by you or us, you agree that:
    1. all of your rights under these Terms will terminate;
    2. you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and
    3. you will immediately be unable to access or use the Platform’s features and services.
  4. Notwithstanding your termination, we may still retain and use your Personal Information in accordance with these Terms and, to the extent that our Privacy Policy and the applicable laws and regulations in your jurisdiction will apply.

15. Governing law

Unless any applicable additional terms incorporated into these Terms provide differently, you agree that any claim or dispute arising from these Terms must be resolved exclusively in the Nigerian Courts. You also submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the Federal Republic of Nigeria will govern these Terms and any claim therefrom.

16. Feedback

Your use of the Platform is subject to these Terms of Service ("Terms"). Thank you for reviewing these Terms. We hope you enjoy using the Platform. If you have any questions about the Service, or if you wish to notify us of anything in relation to these Terms, please contact us by email on open@qrios.com