/ Terms and Conditions / Electricity Bills

T&C: Electricity Bills

THESE TERMS AND CONDITIONS (THE “T&CS”) CONSTITUTES A BINDING AGREEMENT BETWEEN YOU, THE END USER OF THE SERVICES ASSOCIATED WITH THE POWER ADVANCE SOLUTION AND POWER VENDING SOLUTION (THE “POWERNOW SERVICE” OR THE “SERVICE”) AND GREYSTONE PARTNERS LIMITED.

THE T&CS GOVERNS YOUR USE OF THE POWERNOW SERVICE, THE ASSOCIATED WEBSITE AND APPLICATIONS AND ALL RELATED CHANNELS. THEREFORE, YOU ARE REQUIRED TO READ THESE T&CS BEFORE UTILISING THE SERVICE.

BY USING THE SERVICE (SUCH AS VIA THE MOBILE CHANNELS OR WEB PORTALS, OR DOWNLOADING AND INSTALLING THE MOBILE APPLICATION), IT IS DEEMED THAT YOU HAVE READ AND UNDERSTOOD THIS T&CS (AND ANY SUBSEQUENT AMENDMENTS) AND THAT YOU AGREE THAT YOU WOULD BE LEGALLY BOUND BY THE T&CS.

IF YOU DO NOT AGREE TO THESE T&CS, DO NOT USE THE SERVICE, OR TRY TO DOWNLOAD, INSTALL OR USE THE APPLICATION.

1. DEFINITIONS OF KEY TERMS

"Customer", "You" and "“Your" refers to you, the end user of the Service and the person accepting these Terms and Conditions. “Greystone” refers to Greystone Partners Limited, the provider of the Powernow Service a "Powernow Service" or “Service” refers to a service for purchasing and borrowing power (electricity units) using the Power Advance Solution and the Power Vending Solution. “T&Cs” refers to these Terms and Conditions “Website” refers to the Payorboro Website, i.e. www.payorboro.com

Any use of the above terminology or other words in the singular, plural, capitalization is taken as interchangeable and therefore referring to same. Any reference to natural persons includes legal persons and vice-versa and references to any gender includes reference to the other gender.

2. IMPORTANT TERMS FOR THE USE OF THE SERVICE
  1. To be eligible to use the Service, you must have a functional pre-paid or post-paid meter that can read power consumption; and the Service can be accessed via the following channels:
    1. Mobile channel using the *946# short-code- Interactive SMS and USSD;
    2. Web portal via www.payorboro.com (“Payorboro Website”); and
    3. Mobile application which can be downloaded via the Payorboro Website (the “Mobile Application”)
  2. The Service will be made accessible via the following channels and these T&Cs shall be automatically applicable-
    1. Scratch Cards
    2. Mobile Money
    3. POS Terminals, and
    4. Automated Teller Machines (ATM).
  3. In consideration for Greystone’s provision of the Service to you in accordance with these T&Cs, you shall pay Greystone commissions or other payments in accordance with the terms of the 'Commission Structure', which will be communicated to you; or agreed in advance between you and Greystone. Greystone reserves the right to review the Commission Structure and will notify you of any changes by publishing it on the Payorboro Website.
  4. You must make payment on your account via any of the available physical, logical or virtual payment channels to pay back the power units borrowed. You can also repay the power advanced to you using the *946# shortcode or on the Payorboro Website (www.payoroboro.com).
  5. By using the Service, you have automatically conferred Greystone with the right to retrieve borrowed power units from subsequent power units purchased by you.
  6. Any amount borrowed as well as associated commissions would first be deducted from the amount paid in and the balance, if any, will then be credited or available to be credited to your power meter account. Your borrowed power and associated commissions is considered past due thirty-one (31) days after it is given to you. However, you must ensure that it is paid back any day before it becomes past due.
  7. In cases where the paid in amount is less than the outstanding power units you borrowed, your subsequent payments will be used to recover whatever is outstanding until the borrowed amount is fully recovered. If you have no outstanding payments, there is no limitation on the number of times that you can borrow power units, provided you meet all other eligibility criteria and you are within your credit limit.
  8. The liability for borrowed power units attaches to the power meter as well as to the Customer. When you exhaust borrowed power units, you will not have access to power until the borrowed power unit is paid back in full.
  9. We will increase your power advance limit from time to time. To qualify for an increase, you must ensure that you pay back borrowed power within thirty (30) days after the borrowed power units are made available to you.
  10. Greystone reserves the right to use all measures available to it under the laws of Nigeria to retrieve past due borrowed power from you.
3. GENERAL TERMS

The following terms and conditions shall also govern your use of the Service:-

  1. The content of the pages of the Powernow Website and other channels is for your general information and use only. Greystone will be deemed to have properly given notice of any change to the Service by putting it on the Powernow Website and/or any of its other channels.
  2. Greystone reserves the right to alter or vary the nature of the Service, these T&Cs and any charges at its sole discretion.
  3. All new features introduced from time to time to improve or enhance the Service shall be subject to these T&Cs.
  4. Your continued access to and use of the Service shall be deemed to be proof of your acceptance of the updated T&Cs.
  5. E. Some of the new services offered by Greystone may attract separate charges, in which case Greystone will notify the Customer of the availability of new services and their associated charges by putting it on the Payorboro Website and/or any of its other channels.
  6. F. You are responsible for keeping your account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your data.
4. RESTRICTIONS

While using the Service through the Website, Mobile Application or other channels, you shall not do the following:-

  1. Copy, modify, translate, adapt or otherwise create derivative works or improvements of the Mobile Application or other channels;
  2. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Mobile Application or other channels;
  3. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Mobile Application or other channels;
  4. Rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Mobile Application or any features or functionality of the Mobile Application, to any third party for any reason, including by making the Mobile Application available on a network where it is capable of being accessed by more than one device at any time;
  5. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Mobile Application;
  6. You shall not create a link to the Payorboro Website from another website or document without Greystone’s prior written consent; or
  7. Upload or introduce any virus or malware to the Website or the Mobile Application
5. USE OF YOUR PERSONAL DATA OR INFORMATION

You acknowledge that when you download, install or use the Mobile Application, use the Website or use the Service via any other channel, Greystone may automatically collect personal data or information about you or you may be required to provide certain data or personal information (“Personal Data”) such as your name, address, meter number, etc. By using the Service, you agree that Greystone can use your Personal Data for the provision and improvement of the Service, and consent to all actions that may be taken by Greystone with respect to your Personal Data.

While Greystone shall be required to keep your Personal Data confidential, you acknowledge and agree that Greystone may authorise third parties to view or use your Personal Data, although such third parties shall be required to maintain your Personal Data as confidential pursuant to Greystone’s policies. You agree and do hereby grant to Greystone the irrevocable, perpetual, transferrable right to use, disclose, commercialize, assign, convey, sell, lease, license or transfer any part of your Personal Data that may be necessary for the provision of the Service.

6. INTELLECTUAL PROPERTY

Greystone and its licensors retains ownership of all copyright, trademarks and other intellectual property rights relating to the Solutions, Services, the Website or the Mobile Application (the “Intellectual Property Rights”). You acknowledge that Greystone has only granted access to you to use the Services via the Website, Mobile Application and other channels. Nothing in these T&Cs shall constitute, or be regarded as, a transfer, license or assignment (whether implied or express) by Greystone or its licensors, of the Intellectual Property Rights to you or any third party.

Greystone (and its licensors) reserves the right to use, collect, store, create, aggregate, mine, analyze, modify, commercialize, assign, convey, sell, lease, license or transfer its data in any form, for any purpose and in any manner.

7. UPDATES TO THE MOBILE APPLICATION

From time to time, Greystone may at its sole discretion develop updates to the Mobile Application (such as upgrades, bug fixes, patches and other error corrections and/or new features) (collectively, including related documentation, "Updates"). You acknowledge and agree that Greystone has no obligation to provide particular Updates or enable any particular features or functionality.

You recognize that except in cases where your mobile device automatically downloads and installs all available updates, you may receive notice of or be prompted to download and install available Updates. You acknowledge that to fully utilize the Mobile Application, you must promptly download and install all Updates, and that the Mobile Application (or any part thereof) may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Application and be subject to all terms and conditions of this Agreement.

8. DISCLAIMER OF WARRANTIES

Greystone shall provide the Service to you without a warranty of any kind. To the maximum extent permitted under the applicable law, Greystone (its affiliates, licensors) expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service including all implied warranties, and warranties that may arise out of course of dealing, course of performance, usage or trade practice

Neither Greystone nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Payorboro Website or any of our channels for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Without limiting the foregoing, Greystone does not make any warranty or representation (whether expressly or impliedly) (i) as to the operation or availability of the Mobile Application, or the related information, software or materials, (ii) that the Mobile Application will be uninterrupted or error-free; (iii) as to the accuracy or reliability of any information or content provided through the Mobile Application; or (iv) that the Mobile Application will be free from viruses, malware, etc.

9. LIMITATION OF LIABILITY

You acknowledge and agree that Greystone shall not be liable to you for direct, indirect, special, incidental or consequential damages, or other losses associated with or arising out of or in connection with the Service, or the use or performance of the Website or the Mobile Application.

You assume total responsibility for your use of the Website, Mobile Application and other channels to access the Service; and your sole remedy against Greystone for dissatisfaction with the Service is to stop using the Service.

10. INDEMNITY

Without prejudice to any other rights and remedies which Greystone may possess, you shall be liable for and shall indemnify Greystone (its officers, directors, employees, agents, affiliates, successors and assigns) from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your breach of these T&Cs.

11. SEVERABILITY

If any provision of these T&Cs is held to be invalid under an applicable statute or rule of law, such invalidity shall not affect other provisions of these T&Cs, which can be given effect without the invalid provisions, and to this end the provisions of these T&Cs are declared to be severable.

12. ENTIRE AGREEMENT AND NON-WAIVER

These T&Cs constitute the entire agreement between you and Greystone with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

13. GOVERNING LAW

These Terms and Conditions shall be governed by the Laws of the Federal Republic of Nigeria.

14. DISPUTE RESOLUTION

All disputes shall be resolved by negotiation and mediation.

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