1. Acceptance of Terms
Welcome to Arewa Smart. By accessing our website, mobile application, or utilizing our automated digital utility, data top-up, educational PIN, and identity verification services (BVN & NIN search), you agree to comply with and be bound by the following Terms of Service. If you do not agree to these terms, you must refrain from registering or using our portal.
2. User Accounts & Wallet Balances
To access most features of Arewa Smart, you must create a registered account. You are responsible for all activities conducted under your credentials:
- Account Security: You must maintain the confidentiality of your login credentials and wallet pin. Any transaction executed through your account is deemed authorized by you.
- Wallet Funding: Wallet balances can be funded via authorized bank transfer links, card payment gateways, or other automated channels. Funds deposited into your wallet are strictly for purchasing services offered on the platform.
- Funding Integrity: You must not deposit funds from unauthorized, fraudulent, or third-party bank accounts. Suspicious deposit activities will trigger an immediate account suspension and audit.
3. Service Delivery & Carrier Gateways
Arewa Smart operates as an automated electronic service distribution gateway. By placing an order, you acknowledge and agree that:
- Recipient Details: You are solely responsible for ensuring the accuracy of input parameters (such as target phone numbers, meter numbers, smartcard IDs, or lookup query data). Automated transactions cannot be reversed once executed by telecom or utility networks.
- Carrier & Provider Dependence: Delivery speed and success rely on external third-party partners (MTN, Airtel, Glo, 9mobile, electricity distribution companies, exam boards, and identity databases). Arewa Smart does not warrant uninterrupted delivery caused by external carrier gateway downtime.
4. Refund & Platform Uptime Policy
We strive to maintain maximum uptime for all carrier services, however:
- Failed Deliveries: If a transaction fails to deliver due to our internal system error, the deducted amount will be automatically credited back to your Arewa Smart wallet balance within minutes.
- Carrier Downtime: Temporary carrier delays are outside our control. Refunds or reversals for delayed transactions will only be processed once the carrier route returns a final "failed" status code.
- Wallet Cash-outs: Funded wallet balances are intended for service consumption. Wallet balance cash-outs back to bank accounts are subject to administrative processing fees and security verification timelines.
5. Prohibited Conduct
You agree not to abuse or misuse our platform. Under these terms, you are strictly prohibited from:
- Employing unauthorized bots, scrapers, or automated scripts to run repetitive transactions or extract information without an approved API key agreement.
- Utilizing identity verification tools (BVN/NIN lookup) for stalking, identity theft, harassment, blackmail, or unauthorized database aggregation.
- Attempting to bypass security limits, exploit transaction bugs, or overload server infrastructure.
6. Limitation of Liability & Force Majeure
Arewa Smart and its operators shall not be held liable for any indirect, incidental, or consequential damages resulting from transaction failures, temporary carrier service downtime, user-input errors, cyberattacks, or unauthorized account access. Our maximum liability is strictly limited to the value of the failed transaction in question.
Force Majeure: Arewa Smart shall not be liable for any failure or delay in performance resulting from acts of God, internet infrastructure outages, regulatory policy changes by the Central Bank of Nigeria (CBN) or Nigerian Communications Commission (NCC), civil disturbances, or carrier network blackouts beyond our reasonable control.
7. BVN & NIN Identity Search User Warranty & Indemnity
To ensure full compliance with the Nigeria Data Protection Act (NDPA) 2023 and NIMC regulations, any user utilizing identity verification tools (BVN or NIN queries) agrees to the following terms:
- Explicit Consent Warranty: The User warrants and represents that they have obtained prior, explicit, written, or documented consent from the data subject (individual) whose BVN or NIN is being queried.
- Lawful Purpose Only: Identity lookups must be performed strictly for legitimate, authorized Customer Due Diligence (CDD) or lawful verification purposes.
- User Indemnification: The User agrees to fully indemnify, defend, and hold harmless Arewa Smart, its directors, and technical partners against any claims, regulatory sanctions, legal actions, or fines imposed by the Nigeria Data Protection Commission (NDPC) or law enforcement arising from unauthorized or unlawful identity queries conducted under the User's account credentials.
8. Fraud Responsibility, Liability & Remediation Policy
This Fraud Responsibility, Liability & Remediation Policy forms an integral part of the agreement between Arewa Smart and the User. By registering an account, maintaining an active profile, or executing transactions on our platform, you agree to the following terms:
A. User Fraud Responsibility & Liability
- Sole Responsibility: The User shall bear full and sole responsibility for any fraud, scam, illegal investment activity, identity theft, or unlawful financial transaction carried out by the User or through the use of their account credentials.
- KYC & Account Misuse: The User shall be solely responsible for any fraud, loss, or regulatory breach arising from:
- Failure to obtain, verify, or maintain accurate personal KYC documentation;
- Incomplete, falsified, or misleading KYC and profile information;
- Unauthorized attempts to elevate account limits, access levels, or perform identity lookups without proper authorization; or
- Negligence, omission, sharing of wallet PINs/passwords, or willful misconduct by the User.
- Indemnification & Liabilities: In the event of any fraud, scam, or unlawful activity attributable to the User, the User shall take full and sole responsibility for such act or omission, including all resulting consequences, liabilities, losses, penalties, and regulatory actions, at their own cost and without delay.
- Non-Liability: Arewa Smart shall not be liable for any loss, claim, refund obligation, compensation, or regulatory sanction arising from fraud or misconduct caused by the User's failure to comply with KYC, AML/CFT, or other legal obligations.
B. Arewa Smart Platform Responsibility
- Platform Liability Scope: Arewa Smart shall take responsibility for any verified fraud, loss, or unlawful activity that is directly attributable to a core system vulnerability or proven internal staff misconduct.
- Remediation Actions: Where any fraud or loss is proven to be caused by Arewa Smart's systems or personnel, Arewa Smart shall, where applicable, provide refunds or wallet balance credits to affected Users.
- Security Oversight: Arewa Smart maintains reasonable security controls, automated system monitoring, and operational safeguards designed to prevent system-based fraud and internal misuse.
- Legal Cooperation: Nothing in these terms shall limit Arewa Smart's obligation to cooperate with lawful investigations, regulatory inquiries, or law enforcement reviews required under applicable law.
9. User Compliance Undertakings & Platform Role
To ensure a safe, legal, and compliant service environment across Arewa Smart, all users agree to adhere to strict regulatory compliance standards.
A. User Compliance Undertakings
The User hereby undertakes that they shall:
- Regulatory Standards: Maintain full compliance with applicable Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT), Nigeria Data Protection Regulation (NDPR), and Consumer Protection policies in line with applicable regulations.
- Due Diligence (CDD/EDD): Provide and maintain appropriate Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD) information as required by financial regulators when requested.
- Transaction Monitoring & Reporting: Monitor all transactions conducted through their account and cooperate with all required legal and regulatory reporting.
- Sub-User & Agent Compliance: Ensure that any employees, agents, or sub-users operating under their account credentials strictly comply with all applicable laws and Arewa Smart policies.
B. Arewa Smart Platform Role Acknowledgment
The User acknowledges that Arewa Smart provides an automated digital technology platform and electronic distribution gateway. Arewa Smart operates solely as a technology service provider and does not act as a licensed financial institution for end-users. Regulatory obligations relating to customer identity verification, lawful transaction source funds, and compliance reporting remain the sole responsibility of the User as required under applicable law.
C. Breaches and Consequences
Failure to comply with applicable laws, platform security standards, or Arewa Smart policies may result in immediate restriction or suspension of system access, wallet balance freezing, termination of service, and regulatory reporting to relevant authorities.
10. Dispute Resolution & Mandatory Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, or interpretation thereof shall be resolved as follows:
- Informal Negotiation: Parties agree to first attempt to resolve any dispute informally by contacting our legal support desk at complaint@arewasmart.com for a mandatory period of thirty (30) days.
- Binding Arbitration: If the dispute is not resolved through informal negotiation within thirty (30) days, it shall be submitted to and final resolved by binding arbitration in accordance with the Arbitration and Mediation Act of Nigeria. The arbitration shall take place in Nigeria, conducted in English by a single arbitrator appointed by mutual agreement.
Final Acknowledgment & Binding Acceptance
By registering an account, accessing services, or clicking to accept these Terms of Service, the User explicitly acknowledges and agrees that responsibility for fraud, misconduct, regulatory breaches, and identity search indemnities shall be allocated strictly in accordance with the provisions set out above.