2.1. The purpose of these General Conditions of Use (GCU) is to define the conditions under which Nolido cash allows the User to access and use the Nolido cash Application, and provides the User with the Nolido cash Service to recharge and deposit money.

2.2. These General Terms and Conditions of Use constitute the entire agreement between the User and Nolido cash.

3.1 Registration

3.1.1. The Nolido cash Service may only be used by the User who has subscribed to it for his/her own account. No power of attorney may be given by the User to a third party to use the Nolido cash Service.

3.1.2. The User is solely responsible for all Transactions made from his/her Nolido cash Account.

3.1.3. Registration for the service is simple. The User must download the Nolido cash application from Play or App Store and follow the instructions.

3.1.4. At the portal, the User must fill in the registration form; he/she must validate his/her telephone number using a validation code received in the mailbox of his/her associated telephone number. The User authorizes Nolido cash to send them a message (SMS) representing their OTP code. This code is required to authenticate the User’s action. The User is advised to provide a complex password to avoid identity theft.

3.1.5. When registering, the User accepts the General Terms and Conditions of Use (GTCU) by means of a checkbox as well as the confidentiality clauses. It is the User’s responsibility to read the Nolido cash General Terms and Conditions and, if he/she accepts them, to tick them in order to validate his/her registration. The User may consult the General Conditions of Use at any time when using our website (https://www.nolido.cash).

3.1.6. Users may not register more than once with the same telephone number unless they have previously deleted their Nolido cash account. Users undertake not to divulge their password to any third party.

3.1.7. Before a user can initiate their first transfer, they must de-fund their Nolido cash account. During this process, the user will be asked to provide certain personal documents to confirm that he/she is the person in question. These documents enable us to identify the user of the NOLIDO service in order to ensure the security and durability of the service. The User’s personal documents are carefully handled and secured (Privacy Policy).

3.1.8. The user waits for a message from Nolido cash confirming whether or not his account has been de-capped. In the first case, the user can proceed to the next step, which is to initiate the first top-up. In the second case, the user will have to resubmit his documents to access the Nolido cash service.

3.2 How the NOLIDO CASH application works

3.2.1. Once your registration has been validated, you can send payment instructions and view information about your transaction history (reloads or deposits in progress, failed or already made).

3.2.2. The Nolido cash service enables you to manage your transfer independently. To initiate, instruct or order a top-up, you must have the payment instruments accepted by Nolido cash.

3.2.3. The User logs in using the password and number provided when registering for the Nolido cash service. If the User loses his/her password, he/she can update it using the Forgotten password button. The user will then receive a code to reset their password and be able to connect to their Nolido cash account again.

3.2.4. The operations authorized on Nolido cash are only top-ups and deposits of funds in the form of UV, following the instruction of a payment initiated by the User of a Nolido cash account, financed by bank card or mobile money, and their delivery to the Beneficiary indicated by the User in his deposit instruction.

3.2.5. To issue a payment instruction, you should first have a financing method authorized by Nolido cash; log in to your Nolido cash account using your identification telephone number and Password, enter or select the top-up or deposit Amount indicating the Beneficiary or the Beneficiary’s information, choose the financing method for your top-up or the reception method for your recipient, then click on Send on the confirmation page to pay or authenticate the payment instruction.

3.2.6. Confirmation of your payment authorizes us to debit the appropriate amount from your refill financing method. This action indicates your consent and obliges us to credit your account with the amount initiated as soon as possible, or in the case of a deposit, the Deposit Amount to your Beneficiary. This action is irrevocable, so you will not be able to cancel a deposit once we have received the payment instruction, except in the cases provided for by Nolido cash.

3.2.7. All debits to the User’s account will be made by Deposit Order. The User authorizes Nolido cash to act on the basis of the Deposit Orders received without requiring any further confirmation from the User.

3.2.8. The total amount you will be required to pay, including the Service Fee and the corresponding exchange rate, will be clearly displayed in the Application before you are invited to confirm your Deposit Instruction. At this point, continuing with the Payment Instruction is entirely optional.

3.2.9. Other entities may impose taxes or fees on you, for example for using a particular Payment Instrument to fund a Nolido cash account. These may include unauthorized overdraft charges imposed by your bank if your account is not sufficiently funded and/or charges that the issuer of your Payment Instrument charges you when you pay us.

3.2.10. Other entities may impose taxes or fees on the Beneficiary. For example, a Service Provider may charge a fee for withdrawing the Payment Amount. We may offer you the option of sending additional funds to cover these charges. We in no way oblige you to pay them.

3.2.11. You and the Beneficiary will only act in your own names. You may not transmit a Payment Instruction on behalf of another person.

3.2.12. The User is solely responsible for debits made to the financing method entered when reloading his/her Nolido cash account. As a service provider, Nolido cash is not and will not be held liable for any fraud caused or engendered by the User when using the Nolido cash service.

3.2.13. For security reasons, we may ask you to re-enter your Password to finalize your payment instructions or access your transaction history.

3.2.14. When initiating your transfer, we will inform you of the service charges applicable to the Amount to be transferred, which will be invoiced to you (if applicable) and of the exchange rate that will be applied. This rate is fixed for the currency pair concerned, which generally changes on a daily basis. For some currency pairs, there is a difference between the exchange rate at which we buy foreign currencies and the one offered to you. This difference is intended to cover our operating costs and the risk of exchange rates fluctuating between the time we send the Deposit Amount to your recipient and the time we receive the Top-Up Amount from you. Our Service Fees and exchange rates can be viewed on our website. They are also indicated to you when you initiate your transactions.

3.2.15. For each Payment Instruction you transmit, we may charge a Service Fee in addition to the Transmittal Amount (which will be communicated to you prior to payment confirmation). Payment becomes due at the time you send your Payment Instruction. To the extent permitted by law, Service Charges are non-refundable, unless expressly stated otherwise in this Agreement.

3.2.16. The User may disconnect at any time, and a variable time delay (often 10 minutes) depending on inactivity may be used to automatically disconnect the User.

4.1. NOLIDO’s responsibilities

4.1.1. NOLIDO shall not be held liable for any loss or damage resulting from :

– any case of force majeure as usually defined by the courts, i.e. cases caused by abnormal or unforeseeable circumstances beyond its control, the consequences of which would have been unavoidable despite all its efforts to the contrary ;

– the blocking, restriction or cancellation of the Nolido cash Service under the conditions set out in the article dealing with “Blocking of the Nolido cash Service and refusal of a Transaction”;

– the refusal of a Transaction by NOLIDO in application of the article dealing with “Blocking of the Nolido cash Service and refusal of Transactions”;

– NOLIDO’s compliance with applicable legal and regulatory provisions;

– the User’s failure to comply with these terms and conditions and, more generally, with the legal and regulatory provisions applicable to the User;

– any loss or alteration of data, unless caused by a deliberate failure on the part of NOLIDO;

– an opposition/blocking request that does not originate from the User.

4.1.2. NOLIDO undertakes to use all necessary means to provide the Nolido cash Service.

4.1.3. NOLIDO may only be held liable, regardless of the basis and nature of the action, in the event of proven fault on its part having caused direct and certain personal prejudice to the User.

4.2 Customer liability

4.2.1. By using the Nolido cash service :

– You certify to us that you are of legal age or have the capacity to enter into a legally enforceable contract in the relevant jurisdiction. You will not access, use or attempt to use the Nolido cash service to provide Payment Instructions if you are under 21 years of age.

– You use the Nolido cash Service as a medium to send money to your relatives in Africa and not to store electronic money on a long-term basis, Nolido cash representing a gateway for the exchange of electronic money.

– You accept the present General Terms and Conditions (GTC) of the Nolido cash Service as well as all applicable laws, rules and regulations. It is a violation of this Agreement to use the Service for transactions related to illegal activities, including money laundering, fraud and the financing of terrorist organizations;

– You agree to use in good faith the Nolido cash service available as technical support and made available to you;

– You authorize NOLIDO to request data concerning the creation of your Nolido cash Account for the purposes of identifying you as a NOLIDO User and carrying out top-up or deposit operations.

– You expressly authorize NOLIDO to use your photo taken with the Application when you registered in order to check that it corresponds to the ID scanned on both sides.

– You agree to reimburse us in full if, as a result of a Payment Instruction you transmit, we become liable for certain charges, including, but not limited to, reverse billing charges.

– As part of your registration and use of the Service, you will provide us with authentic, accurate, up-to-date and complete proof of your identity, updating your personal information as soon as possible in the event of any changes; any identification we may request; references for one or more Payment Instruments; genuine, accurate, up-to-date and complete information, as indicated on the website, which is required to benefit from the Service, and any other information that may be required in respect of the Beneficiary, and; any other information necessary for the correct execution of a Payment Instruction, either when you prepare the Payment Instruction on our Application, or if we contact you to request it.

– You undertake to secure your login details and prevent any unauthorized access to the Service. In this respect, we invite you, for greater security, to regularly change your Password and keep it as your unique code for the Nolido cash Service. No agent, whether acting on behalf of NOLIDO or not, is authorized to ask you for your Password. Secure your e-mail account. Inform us immediately if your e-mail address has been compromised. Contact us if you have any doubts about the integrity of your login details.

If you believe that your login details or other security certificates have been stolen, lost, used without your authorization or otherwise compromised, you should contact us immediately (using the details given in the Contact Us section of our website). We also advise you to change your Password. If you notify us too late, the security of your data (including your Payment Instrument) may be affected, and you may be liable for financial loss.

– You agree to be solely liable for any loss or damage to you or to any third party resulting from the non-payment or delayed payment of the Payment Amount to a Beneficiary or the failure to make a payment under the Service if you are in material breach of your obligations listed herein, or if the aforementioned non-payment, delay or failure is caused by a Service Provider.

– You must ensure the accuracy of all information when using the Nolido cash Service before transmitting it. You will be given the opportunity to confirm the Payment Instructions before transmitting them. You must check the details carefully.

– You agree not to violate the provisions of this Agreement or any other agreement between you and us; to make multiple registrations without our prior written consent; to provide false, inaccurate or misleading information, or; to refuse to provide us with confirmation of any information you provide to us, including proof of identity, or to refuse to cooperate with verifications.

– You must notify us immediately, using the contact details in the Contact Us section, if you believe that someone is using your login details or other security certificates without your authorization.

– You agree that we may apply limits to the amount you may initiate on the Nolido cash Service. We may apply these per payment or on an aggregate basis, and in respect of a set of Registration Data, a Payment Instrument or linked sets of Registration Data or Payment Instruments.

4.2.2. The Parties expressly agree that the following types of damage and/or prejudice shall not give rise to compensation, whether or not they were reasonably foreseeable: loss of profit, loss of sales, operating loss, loss of revenue opportunities, loss of Customers, damage to image and loss of data.

5.1. NOLIDO may block, restrict or terminate the User’s Nolido cash Service at any time for any of the following reasons:

• if the Nolido cash Service is suspected of being used in an unauthorized or fraudulent manner ;
• if required to do so by law or by a decision of the courts or a competent administrative authority;
• if the User’s mobile terminal is stolen or lost, and NOLIDO has been informed of this;
• if the User fails to pay any sums due in connection with the use of the Nolido cash Service.

5.2. NOLIDO will take all necessary steps to inform the User in the event of blocking, restriction or termination of the Nolido cash Service, unless informing the User would compromise legitimate security measures or would be illegal.

5.3. NOLIDO will unblock the Nolido cash Service as soon as possible once the reasons for stopping its use have disappeared and NOLIDO is aware of them.

5.4. NOLIDO may refuse a Transaction carried out using the Nolido cash Service in the following cases:

• if the User does not have sufficient funds to finance the payment;
• if the User acts in violation of these General Terms and Conditions;
• if NOLIDO considers the Transaction to be suspicious or illegal;
• if the Transaction causes the User to exceed the ceilings and limits of 2,000,000 F CFA or 3050 euros per week;
• if the law, a court or any other competent authority compels NOLIDO to refuse the Transaction;
  due to errors, breakdowns (technical or otherwise) or refusals by payment processors, banking networks or payment systems;
• in the event of the User’s death.

5.5. In the event of a refusal, the User may also contact the Nolido cash Service in order to contest the refusal of the Transaction and to obtain any information he or she deems necessary, unless informing the User would compromise legitimate security measures or would be illegal.

5.6. In the event that NOLIDO refuses a Transaction, the General Terms and Conditions of Use will continue to apply.

5.7. NOLIDO may also decide to suspend a transfer for 90 days if the User fraudulently uses a bank card of which he is not the legal owner, for purposes of usage insurance or verification.

5.8. In order to comply with our obligations under applicable law, we reserve the right to request additional information or evidence regarding a Payment Instruction.

5.9. We will generally inform you via the Application before or immediately after the rejection, suspension or cancellation of your Payment Instruction or use of the Nolido cash Service, and we will provide you with the reasons for our decision. However, we will not provide any reasons or information if to do so would violate the law or compromise our security measures.

6.1. To the extent permitted by law, once we have received your Payment Instruction, we will execute the payment immediately, and you do not automatically have the right to terminate it (or to change the details of the Payment Instruction). We will consider that we have received a Payment Instruction from you when it actually reaches us, i.e. normally when you confirm it, whether during working hours or not.

6.2. NOLIDO only authorizes you to request a refund under the following conditions and within 90 days of the Payment Instruction:

• if we fail to make a timely deposit to the correct Beneficiary account and in the required amount, as indicated in your confirmed Payment Instruction.
• if required by law or by the issuer of your Payment Instrument.

6.3. However, we may refuse your request for a refund if we can demonstrate that :

• you have acted fraudulently ;
• you have deliberately or grossly negligently failed to take all reasonable steps to keep your login details or other security certificates secret;
• the date of the payment instruction on the day of the refund request exceeds the prescribed 90 days.
• if you request reimbursement for a payment made before you notified us of misuse of your login details;
• if your transfer has been successfully completed and the Beneficiary has received the money in his or her account with the Service Provider; or the Beneficiary’s account details that you provided to us contained an error.

6.4. If you wish to request a refund, you must do so as soon as possible after you become aware that the transaction was not authorized by you or was not properly executed, and in any event no later than ninety (90) days after the payment was made. All refund requests must be sent in writing (including by e-mail) to the address indicated in the Contact Us section on our website, specifying the full name, address and telephone number of the Sender, as well as the Deposit tracking number, the Amount of the shipment and the reason for your refund request.

6.5. If we have made the deposit in accordance with the instructions you have given us and this information proves to be incorrect, we shall not be liable for the improper execution of the deposit. However, we will use reasonable efforts to recover the funds. To this end, we may charge you a reasonable fee for our efforts.

6.7. Any refund will be credited by default to the Payment Instrument used to fund the Transfer, in the original currency. However, the User has the option of providing the correct beneficiary information for the refund payment.

7.1. NOLIDO is subject to the provisions of the regulations governing the external financial relations of WAEMU member states and the fight against money laundering and the financing of terrorism. In this respect, we comply in particular with the requirements relating to limits on amounts and proof of payment.

7.2. We ascertain the identity of principals and beneficiaries of deposits.

7.3. NOLIDO will issue the User with an electronic transaction invoice for each successful transaction, including in particular:

• the identity of the beneficiary ;
• the identity of the originator ;
• the date of the transfer operation
• the amount of the transfer
• the exchange rate applied;
• Payment reference.

7.4. A record of each completed payment instruction is made available to you via electronic communication in your Nolido cash Mobile Application.

8.3. We collect “non-personal data” and “personal data” to provide and measure the use of our services and to improve them over time. We collect this information when you create or set up an account or carry out a transaction using the Nolido cash application, when you carry out a transaction, you provide personal information, such as your name, e-mail address, telephone number, password, and information relating to the transaction (payment card used, the name associated with the payment card, the name of the bank, the date and time of the transaction, the amount of the transaction and the names and/or first names of the Beneficiary).

8.4. You can modify your personal information. By registering, you authorize us to collect, store and use this data. You may exercise your right to object to, rectify or delete your personal data at any time by contacting our customer service department.

8.5. Your personal data will be kept for a period of ten (10) years in accordance with the legal provisions governing the provision of our services.

8.6. We may, similarly, collect other information complementary to the transaction such as: your e-mail address or telephone number, for example, when you choose to receive an electronic receipt; your marketing preferences, for example, if you wish to receive marketing communications or newsletters; and other information such as your interests or preferences, ratings and comments).

8.7. Your personal data is used for the purposes of providing you with our offers and services, which include carrying out a top-up or deposit transaction; sending you an electronic invoice by email or text message; managing our relationship with you; personalizing the delivery of our offers and services; keeping a record of customer transaction history and activity; managing the risks associated with money transfer; protecting our customers and our business.

8.8. We may send you marketing communications using the personal data you have provided to us if you have completed a financial transaction with us or expressed a genuine interest in completing one, and if you have not opted out of receiving such marketing communications, to the extent permitted by applicable law. You may ask us to stop sending you marketing messages at any time by clicking on the unsubscribe link in each marketing message.

8.9. If you choose to stop receiving our marketing messages, we will continue to carry out our other relevant activities using your personal information, including sending you non-marketing messages.

8.10. We use your personal information when we believe it is necessary or appropriate to comply with applicable laws, lawful requests and legal process, including responding to subpoenas or requests from government authorities.

8.11. We use your personal information when we believe it is necessary or appropriate to (a) enforce the terms and conditions governing our offers and services, (b) protect our rights, privacy, safety or property and/or yours or that of others, and (c) protect, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activities.

8.12. In certain circumstances, for example to register you for our marketing communications, we may ask for your consent. If we ask for your consent to use your personal information, you have the right to withdraw your consent at any time in the manner indicated when we requested consent or by contacting us. If you have consented to receive marketing communications from NOLIDO, you may withdraw your consent by contacting them directly.

8.13. Your personal data may be communicated to the financial institutions that accompany us and receive the information processed by the Nolido cash application, including your personal data. These decentralized establishments use your personal data to offer us their services and in accordance with their privacy policy. Similarly, we may use external companies and third parties to administer and provide services on our behalf (e.g., to provide customer service or processing services).

8.14. We may disclose information about you to government, law enforcement officials or private parties as required by law, and disclose and use such information as we deem necessary and appropriate to:

comply with applicable laws, lawful requests and legal process, including responding to subpoenas or requests from government authorities,
enforce the terms and conditions governing our application,
protect our rights, privacy, safety, property and/or yours or those of others,
protect against, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activities.

8.15. NOLIDO may sell or transfer some or all of its business or assets, including your personal information, as part of a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets in bankruptcy, in which case we will use reasonable efforts to require the recipient to comply with this Privacy Policy.

8.16. NOLIDO may transfer your personal information to any third party that is not covered by the other categories listed below if you give us permission to do so, or with whom you have entered into a contract whereby we must transfer your personal information to that party to perform that contract.

8.17. We retain personal information only as long as necessary to provide its offers and services; comply with its legal obligations; resolve disputes; and enforce the terms of any agreements we may have with you. You may contact us, at the contact information provided below, for additional information about our data retention practices in connection with the Service.

8.18. You may choose not to provide us with your personal information. If you choose not to provide the information requested, we may, in some cases, not be able to provide our services to you. For example, we may not be able to process your transaction.

8.19. You may contact us directly to request access to, change or delete the information we hold about you in connection with decentralized locations. Consultation, modification or deletion of your information may not be possible in certain circumstances, and we may refuse your request if we are not legally obliged to comply with it.

8.20. We may ask you to provide us with personal identification data concerning you and the Beneficiary. We may also lawfully consult other sources to obtain information about you and the Beneficiary.

8.21. We may check your home address and personal details to confirm your identity. We may also pass your personal details to a commercial intelligence agency, which may keep a record of them. We may also need to verify the identity of a Beneficiary in the same way. Any information you provide to us will be treated securely and in strict accordance with our Privacy Policy. By accepting this Agreement, you authorize us to carry out any investigation we deem necessary to validate the information you provide to us.

8.22. You consent to us processing your personal information in order to provide you with the Service, including for audit purposes, as set out in this Clause. You also consent to the use of such data to enable us and third parties authorized by us to communicate with you, and also for regulatory compliance, accounting and archiving purposes, in accordance with the provisions of our Privacy Policy. Furthermore, you consent to us transmitting your name, address and date of birth together with your Payment Instruction to our Service Providers outside the ECOWAS region, as required by law. Full details are provided in our Privacy Policy.

8.23. We may be required by law to provide information about you, your use of the Service and your Payment Instructions to the government or other relevant authorities as set out in our Privacy Policy. You are aware of this and consent to us doing so.

8.24. We may, if necessary, store any information relating to a Payee that is required to prove his or her identity or that is associated with his or her specific Payment Instruction.

8.25. NOLIDO may make changes to its Privacy Policy. We encourage users to check back frequently for any changes to our Privacy Policy. If we make a significant change to this policy, at our sole discretion, we will notify you. Your continued use of the Nolido cash Service after any change in this Privacy Policy constitutes your acceptance of such change.

9.1. The Nolido cash Application and Service, their content and all intellectual property relating to and contained therein (including, without limitation, copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates or third parties. All right, title and interest in and to the Nolido cash website and the Service shall remain with us and/or such third parties.

9.2. As a result, you may not duplicate, publish or modify the Nolido cash website, the Application, the Service or any part thereof, create derivative works from them, participate in their transfer or sale, publish them on the Internet, or in any way distribute or exploit them for any public or commercial use without our express written permission.

10. We may make changes to these general terms of use. You will be notified of any such changes at least two months before they are due to take effect. You will be deemed to have given your consent if you do not notify us of your refusal before the date on which the changes are due to take effect. If you do not accept the modifications, you may terminate your contract up to the date of entry into force of the modifications.

11.1. In the event of a complaint relating to an unfinished transfer, we invite you to contact customer service directly in the application or via the various communication channels indicated below. We will send you written confirmation within five (05) working days and will keep you informed of the progress made until your complaint has been resolved.

11.2. We will do our best to find a solution to your problem as quickly as possible, and we will send you a final response by e-mail within fifteen (15) days of receipt of the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time, we will send you a holding reply within fifteen (15) days of receipt of your complaint to inform you of the date on which you will receive our final response. The final response will be sent no later than ninety (90) days after the date on which we received your initial complaint.

12. The Parties agree that their simple or qualified electronic signature as well as interactions, exchanges made or received by message (SMS) or by electronic means and more generally electronic documents exchanged between them have the same legal value as if they had been given on paper. They agree to keep them within the legal time limit.

13.1. The User can access NOLIDO Customer Service directly in the App, seven days a week (7/7), twenty-four hours a day (24h/24), available on Twitter, Instagram and by email at [email protected]

13.2. Opening times are indicative and subject to change.

14.1 Assignment: the present rights and obligations arising hereunder, in whole or in part, may not be assigned to a third party by the User.

14.2. Subcontracting: NOLIDO reserves the right to subcontract all or part of the Nolido cash Service. In this case, the EME will remain liable to the User.

14.3. Waiver: the fact that one or other of the Parties does not avail itself of one or more of the stipulations shall under no circumstances imply a waiver by said Party of its right to avail itself of said stipulation(s) at a later date.

14.4 Partial nullity: in the event that certain stipulations of the Terms of Use should be inapplicable for any reason whatsoever, including by reason of any applicable law or regulation, the Parties shall remain bound by the other stipulations of said Terms and shall endeavor to remedy the inapplicable clauses in the same spirit as that which governed their subscription.

14.5. Applicable law: this Contract is governed by Senegalese law. Any dispute between you and us in connection with the Service and/or this Agreement may be brought before the courts of Dakar.

14.6. No Third Party Rights: In respect of the enforcement of the provisions of this Agreement, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation.

14.7. Entire Agreement: this Agreement constitutes the entire agreement between the Parties and supersedes all representations made by either Party, and all prior understandings and agreements between them, whether written or oral, with respect to the subject matter of this Agreement.

14.8. Severability: If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. You agree to replace any such invalid, illegal or unenforceable provision with a valid, legal and enforceable provision that achieves, to the fullest extent permitted by law under this Agreement, the same economic, commercial and other objectives.

Thank you for your attention.