Terms

GAMER PRO: TERMS AND CONDITIONS

SUBSCRIPTION SERVICE: NGN20/DAY

NOTICE: The ng.gamerpro.mobi service is provided subject to these terms and conditions which explain how you may access and use the service and the Privacy Policy which explains how we process and use your personal information (The “Agreement”).

IF YOU ARE UNDER 18 OR DO NOT CONSENT TO THIS AGREEMENT OR IF YOU ARE NOT WILLING TO BE BOUND BY IT THEN DO NOT ACCESS THE SERVICE OR PROMPTLY CEASE USING THE SERVICE ON YOUR MOBILE DEVICE.

GAMER PRO CONTENT AND PRICING

ng.gamerpro.mobi is a mobile subscription service charged at NGN20 per day which offers you unlimited access to the content available while you remain subscribed (the “Service”). The daily charge will be recovered directly by your network service provider and you will in turn pay your network service provider. You authorize us to recover the relevant amounts directly from your network service provider who you authorize to pay us. You confirm that you are allowed to provide the authorizations mentioned above. Network charges may also apply.

ng.gamerpro.mobi has some of the hottest mobile content available plus an extensive amount of new content and categories added on a regular basis (the “Content”). Being a member of ng.gamerpro.mobi gives you access to this wide and varied selection of mobile content.

MARKETING COMMUNICATIONS

By entering into this Agreement, you consent to receive future marketing communications from us. You can opt-out of receiving these communications at any time by following the opt-out instructions below or in each message sent to you.

CANCELLATION

You are free to cancel your subscription at any time by following the instructions below:

Dialling *305# or

Complete the process on this page: //ng.gamerpro.mobi/unsubscribe/  

  1. INTRODUCTION

The Service is offered by O’Play Digital Services Limited, which is a limited liability company registered in the Federal Republic of Nigeria under company number RC 1420505, trading here as ‘ng.gamerpro.mobi’ (the “Company“, “we”, “us”, “our”).

  1. EFFECT OF THIS AGREEMENT

2.1 By consenting to this Agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement and as such terms may be amended by us from time to time. In the case of any inconsistency between any specific rules and this Agreement, this Agreement shall prevail.

2.2 We reserve the right to make any amendments to this Agreement, as we deem necessary, in our sole discretion. By continuing to use the Service you are accepting any changes to this Agreement.

  1. YOUR REPRESENTATIONS

3.1 By seeking to register with us or by using the Service you hereby represent and warrant to us that at all such times you:

  1. a) are located in Nigeria;
  2. b) are aged 18 years or over;
  3. c) are of sound mind and capable of taking responsibility for your own actions;
  4. d) can enter into a legally binding agreement and you are the person who has registered with us;
  5. e) understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply;
  6. f) are acting as principal and not on behalf of anyone else;
  7. g) are the authorized owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.

3.2 You agree to abide in full with this Agreement.

3.3 You may only access the Content and/or use the Service by accessing: ng.gamerpro.mobi a (the “Website”). You are not allowed to access the Service through any other medium.

3.4 You hereby warrant to us that: a) all information provided in your registration to the Service and all personal information provided to us is complete, accurate and not misleading; b) you will only use the Service strictly for legitimate purposes only; and c) you will not attempt to hack, make unauthorized alterations to or introduce any kind of malicious code to the Website, the Service or the Company by any means. Charges and proceedings may be brought against you if you try to manipulate the Service or any of the Content and we reserve the right to pass on such information as we deem necessary to the relevant authorities if we become aware or suspect that you are involved in any such activities. You agree to any such disclosure.

  1. UPDATES

We may change at our sole discretion in whole or in part the format of the Service or the Content that we offer in order to enhance, correct or support such Services or Content or for any other reason.

  1. REGISTRATION

5.1 Before you are able to access any of the Content or use the Service, you will be required to register with us by completing the registration process on the Website.

5.2 Following registration you will be provided with access to the Service, upon being successfully billed by us via the mobile phone number that you registered with. Transactions made using your mobile number are accepted by us strictly on the understanding that you are using the Service. You agree to be solely responsible for use of the Service through use of your mobile device at all times. If an alternative source has accessed your mobile number we accept no liability whatsoever including but not limited to any charges, information lost, stolen or misused. If you believe that your mobile number is in any way being misused by a third party please inform us immediately so that we may suspend the Service.

5.3 We reserve the right to verify your identity at any time (including by using third parties, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided by you to us in your registration. If upon our request you fail to provide the requested information, this will result in the suspension of your registration and/or the Service.

5.4 Upon completion of the registration we will confirm by SMS to the mobile number which you provided that your registration is now complete. This SMS may also be sent by your mobile network operator.

5.5 We reserve the right to monitor the use of the Service and we may elect, in our sole discretion to suspend and/or terminate the registration if we consider or suspect that the Service or any parts thereof is being used in breach of this Agreement or for any other reason that we deem necessary.

5.6 You agree to return in the same condition or forthwith settle to us the cash equivalent (if applicable, and calculated as at the date(s) of the prize(s) being awarded) any and all prizes which may have been awarded to you under the Service, in circumstances where we subsequently discover that you have breached this Agreement (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).

5.7 We reserve the right to record all telephone calls made to us and to monitor all information relating to the Service for which purposes you consent including forwarding on such calls to our authorized third parties.

  1. COMPATIBILITY

6.1. You may experience problems or be unable to access or download certain Content successfully depending on the mobile device used to access or download certain Content onto. Access via streaming will be available for all smart devices. For feature devices which are not compatible with streaming, downloads will be available. Non-android smart phones (such as iOS devices and Windows devices) and possibly some Android phones will only be able to access limited Content due to the type of Operating systems on the mobile devices. This is an issue with the third party technology used in the provision of the Content which is not available on all handsets and out of the Company’s control. If you have this type of issue that limits your access to some or all of the Content and would like to raise a query or ask for technical assistance, please email our customer support team at support@mobilecontentafrica.com. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile device or loss of data resulting from any such incompatibility.

6.2 We make no representation as to the compatibility of your mobile device with the Service and you acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of your mobile handset with the Service and/or the Content.

  1. SECURITY POLICY

We will not sell your personal detail to third parties. However, we may pass on your details to relevant authorities or regulators if we wish to investigate any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service or if we are required by law to do so.

  1. REWARDS

8.1 We may offer from time to time Content which is free to access but which will require full registration.

8.2 The rules of access to free Content will be displayed on the Website and may be accessible to non-registered members.

  1. COMPLAINTS AND DISPUTES

9.1 Should you wish to make a complaint to us in respect of the Service or other matter, please email support@mobilecontentafrica.com. We will endeavor to assist you as soon as reasonably possible.

  1. OUR LIABILITY

10.1 The following provisions set out the entire financial liability of the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, or suppliers), and their respective employees, agents and sub-contractors) to you in respect of: a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or its employees, agents or subcontractors; and b) any representation, statement and/or tortuous act or omission including negligence arising under or in connection with the Service.

10.2 Nothing in these terms and conditions excludes or limits our liability: a) for death or personal injury caused by the Company’s negligence; or b) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or c) for fraud or fraudulent misrepresentation.

10.3 We are not liable for any loss or damage that you may suffer because of any act of God, power cut, trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication services or any other delay or failure caused by a third party or which is outside of our control. In such an event, we reserve the right to cancel or suspend the Services in whole or part without incurring any liability.

10.4 All representations, warranties and terms (whether express or implied) not set out in this Agreement are, to the fullest extent permitted by law, excluded and we shall, to the fullest extent permitted by law, have no liability to you in respect of the same. You agree to indemnify us in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company’s breach of contract or its negligence) which we may suffer arising out of or in connection with your use of the Service or otherwise arising out of or in connection with our services. Your statutory rights as a consumer (if any) are not affected by this Agreement.

10.5 Subject to Clause 10.2, a) our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of the sum paid for the Service in question for the preceding 12 (twelve) months; b) we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill, loss of amenity and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services whether or not we have been made aware of it; c) we shall not be held liable or responsible for any consequences that occur through your use of the Service where the circumstances that caused such consequences were beyond our reasonable control, including any loss or damage that has arisen through the Website, the Content or the Service or its content, including delays or interruptions in operation or transmission, loss or corruption of data, any person’s misuse of the Service or any error or omission in content.

10.6 We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via the Website (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse the contents of such advertisements or information. In particular, we shall have no liability in respect of material hyper-linked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on the Website of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.

10.7 We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via the Website and/or Service (save to the extent expressly provided on the Website or Service) and we reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Website.

10.8 We are not liable for any failure to perform by a third party to this Agreement.

  1. INTELLECTUAL PROPERTY

11.1 The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (the “Materials“, which expression includes text, data, graphics, photographs, videos, animation, images and audio visual content, are owned by or licensed to us or are the ownership of third party websites). The IPR are protected by the laws of Nigeria, international treaties and all other applicable copyright and intellectual property rights laws. You are not authorized to copy or distribute any Materials and/or IPR and legal action could be taken against you or any such person who makes unauthorized copies or distribution of Materials and/or IPR.

11.2 Any downloading, use or copying of the Materials is strictly prohibited and, in particular, you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purposes.

11.3 The following activities are prohibited without our express prior written permission: a) the deployment within the Website of any spider, robot, web crawler or other automated query program; and b) the re-use and/or aggregation of any of the Materials in the provision of a commercial service.

11.4 The copying and use of third party Materials accessed via the Website is governed by the terms of use applicable to the third party website accessed by you.

11.5 Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.

  1. SUBMISSION OF INFORMATION

Save for personal information (which shall be dealt with in accordance with the Privacy Policy), all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to us or other users through the Service will become our exclusive property and we shall not be subject to any obligation of confidentiality and be free to use such information for any purpose without any restriction or consideration whatsoever.

  1. GENERAL

13.1 This Agreement constitutes to the fullest extent permitted by law the whole of the Agreement between you and us with regard to the use of the Website, Content and the Service.

13.2 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

13.3 No failure or delay by us to exercise any of our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by us.

  1. GOVERNING LAW AND DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. You irrevocably agree that the courts of the Federal Republic of Nigeria shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Website and the Service, and that the laws of the Federal Republic of Nigeria shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing or using the Website, the Service, its Contents whether in whole or part.

Customer Service

Email: support@mobilecontentafrica.com

Updated: November 2019

PRIVACY AND DATA PROTECTION POLICY

  • ABOUT THIS PRIVACY POLICY

This Privacy and Data Protection Policy (“Privacy Policy”) explains what personal information we hold about you, how we collect it, and how we use and may share information about you. It relates to any personal information we receive from via:

  • our Services: our mobile content subscription services and any other MNO VAS services that link to this Privacy Policy.
  • our Contact channels: where you provide or submit your personal information to us by email, phone, SMS, on social media (for example in response to a competition or promotion), in letters and in person.
  • our relationships with business partners, licensees and suppliers (where you are their staff member, officer or agent).

This Privacy Policy should be read together with our:

  • Cookies Policy
  • Websites’ Terms of Use

 

There may be other privacy policies or terms and conditions that apply to certain services we provide or promotions/competitions we run. Please always read these when you participate in these promotions or subscribe to these services.

 

  • WHO WE ARE

 

When you visit our Websites, use our Services, interact with us (including via our Contact channels) or your personal information is otherwise submitted to us, MNO VAS Nigeria Limited (‘MNO VAS’, ‘us’ and ‘we’) is a data controller and gathers and uses certain information about you. Our registered office is at 2c Okotie Eboh, Off Awolowo Road, Ikoyi, Lagos, Nigeria. 

 

  • HOW WE COLLECT INFORMATION ABOUT YOU

The types of information we collect about you depends on how you interact with us. There are three ways in which we may collect your personal information:

  1. directly from you;
  2. from other sources; and
  3. automatically.

For more details about the types of information we receive from these and other sources, including where it is held and where it came from, see the table under the section ‘More about the information we collect and hold’ at the bottom of this policy.

  1. INFORMATION WE RECEIVE DIRECTLY FROM YOU

Whenever you interact with us directly, we receive information from you, for example when you:

  • correspond with us, for example by using the contact forms on our Website, or by emailing us your name and contact details;
  • subscribe to one of our Services (for example, “Fantasy 5” or “#trending”) using your telephone number;
  • enter any competitions or prize draws we run.
  1. INFORMATION RECEIVED FROM OTHER SOURCES
  • use any of our Services or Website Functions which enable you to sign-in via a third party service;
  • are a staff member, officer or agent of a company that is our potential, current or recent business partner, licensee or supplier; or
  • have personal information about you which is publicly accessible.
  1. INFORMATION WE COLLECT AUTOMATICALLY

When you access and browse our Website or use our Services, we collect information about your usage and activity on our Website or Services using certain technologies, such as cookies and web beacons.

Depending on the cookie settings in your browser and the cookie preferences you set when you first access our Website or Services, our third-party service providers, advertisers, and/or partners may also place, view, edit, or set their own cookies. If you would like to find out more about cookies, including how we use them and what choices are available to you, please refer to our Cookie Policy.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We explain the ways in which we plan to use your personal information and the legal basis on which we rely for each use in the table below and in our Cookie Policy.

Generally, the reasons we use your personal information can be categorised as follows:

  • To to provide you with our Services;
  • to provide and sometimes also personalise our products or Services to you;
  • to enable you to partake in our prize draws or competitions;
  • to maintain and improve our Services and our Websites’ infrastructure;
  • if you have opted-in to this, or where otherwise allowed by law, to market our products and services to you;
  • to manage relationships and contracts with our potential, current or recent business partners, licensees and suppliers, where you are their staff member, officer or agent.

Where we propose to use your personal information for any other uses we will ensure that we notify you first (and if required, obtain your consent).

  1. WHETHER INFORMATION HAS TO BE PROVIDED BY YOU, AND IF SO, WHY?

We’ve outlined above, why each category of personal information we collect from you is required from us to be able to perform the purpose to which it relates and the possible consequences of failing to provide such information. We seek to ensure that our information collection and processing is always proportionate. We will inform you at the point of collecting information from you, whether you are required to provide the information to us or not. We will notify you of any changes to information we collect from you or to the purposes for which we collect and process it. We will share your information to third parties only where it is necessary to deliver services to you, and in compliance with a lawful request. 

  1. HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

When you unsubscribe to a Service, we delete all your personal information but we keep a record of the fact that your account was deleted for a reasonable period of time. Please note we may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Use and take other actions permitted by law.

Other personal information

We will keep your personal information while we are providing any Services to you or whilst we have a business relationship with our business partner, licensee or supplier of which you are a staff member, officer, or agent. Thereafter, we will keep your personal information for as long as is necessary:

  • to respond to any questions, complaints or claims made by you or on your behalf
  • to show that we treated you fairly
  • to keep records required by law
  • to establish, exercise or defend legal claims.

We will not retain your personal information for longer than necessary for the purposes set out in this policy and when it is no longer necessary to retain your personal information, we will delete or anonymise it. Different retention periods apply for different types of personal information. If you require further details, please see below ‘How to contact us’.

  1. TRANSFERRING YOUR INFORMATION OUT OF NIGERIA

To achieve the reasons we described above for using your personal information , it is sometimes necessary for us to share your personal information outside Nigeria, for example:

  • with your and our service providers located outside Nigeria; or
  • if you are based outside Nigeria

These transfers are subject to special rules under Nigerian Data Protection Regulation 2019 (as may be amended from time to time) and any other applicable Data Protection Regulation. Prior to permitting such transfers, we carry out assessments to ensure all personal information transferred will be kept secure. Your Personal Information shall be stored in Oracle Advanced Security Transparent Data Encryption format using Generally Accepted International Security Standards (ISO). MNO VAS shall ensure that the countries have adequate data protection laws, corporate security policies, procedures and standards to adequately protect your personal information as prescribed by NITDA. If you would like further information please see ‘How to contact us’ below.

  1. YOUR RIGHTS

Your Rights as a Customer or User

  • You have the right to request that MNO VAS erase your personal information if it is no longer valid or necessary for the purposes for which it was collected or if it is incomplete or inaccurate.
  • You have the right to receive your personal information in a commonly used and machine-readable format and the right to transmit these data to another data controller when the processing is based on (explicit) consent or when the processing is necessary for the performance of a contract.

Accessing and Changing Your Information

You can review the information you provide to us and make any desired changes to the information you have provided. Please be aware that even after your request for a change is processed, MNO VAS may, for a time, retain residual information about you in its backup and/or archival copies of its database.

Direct Marketing

You have the right to choose whether you receive marketing material or not. By accepting using our Services, you are also agreeing to MNO VAS sending you marketing material on related services, products and offerings provided from MNO VAS from time to time. If you change your mind at any time, you are always able to opt-out.

We do comply with applicable provisions of the Nigerian Communications Commission’s Guidelines and relevant Consumer Protection regulations on direct marketing.

Deletion or destruction of Your Information and Period of Retention

You may request that we delete and destroy any of your personal information provided tha your relationship with MNO VAS has been appropriately terminated.

MNO VAS will, however, retain and use your personal information in accordance with applicable laws for retention of data, for as long as is necessary to provide you with our Services and comply with legal and business obligations, resolution of disputes and enforcement of this Notice among others.

Right to withdraw consent

You have a right to withdraw your consent at any time without affecting the lawfulness of your information received and processed by MNO VAS in line with any legal obligation or prior to Your withdrawal of consent.

If you would like to exercise any of these rights, please send your request to us via either of the methods described below under “How to Contact us” and:

  • let us have enough information to identify you (eg your full name and contact details – including your email address); and
  • let us know what right you want to exercise and the information to which your request relates (eg details of the specific information you require and any relevant dates).

Please note that we may ask you to provide proof of identity when considering your request.

If your request relates to unsubscribing from any Service, you can do this at any time by clicking the ‘Unsubscribe’ option or following the instructions in the Service’s terms and conditions on how to unsubscribe. If you’re having any issues unsubscribing please email mfoniso@mobilecontentafrica.com

  1. REPORTING INCIDENTS

In the event of a privacy breach, MNO VAS shall report such breach to the relevant authority and if necessary, affected individuals of personal data breach (where the personal data breach will likely result in high risks to the freedoms and rights of the data subject) within reasonable time of being aware of the breach.

MNO VAS shall take steps to investigate and recover personal data and we will also ensure that controls are enhanced to prevent a re-occurrence of the breach.

You have a right to lodge a complaint before an appropriate authority for any breach of your rights.

Kindly notify us:

  • If you believe your MNO VAS platform via website and/or mobile application or subscription account to an MNO VAS Service has been compromised.
  • If you have been contacted by someone via email or SMS about your MNO VAS Service asking for a password, birth date or other personal or company information.
  • If you believe your personal information has been used for fraudulent activity.
  • If you are a member of the security community and need to report a technical vulnerability.
  • If you have any other enquiry relating to information privacy and security.
  1. KEEPING YOUR PERSONAL INFORMATION SECURE

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. 

Our website uses HTTPS which means that all data transferred from your web browser to our servers is encrypted. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

  1. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy was published on 30 August 2022 and last updated on the same date. We may change this Privacy Policy from time to time; when we do we will post the changes on the Website. 

  1. HOW TO CONTACT US

Please contact us if you have any questions about this Privacy Policy or the information we hold about you.

If you wish to contact us please:

  1. HOW TO COMPLAIN

 

If you have any questions or if you would like to lay a complaint regarding any one at MNO VAS’s conduct, kindly contact our Data Processing Officer, whose contact details are below:

 

Victor Probert

victor@mobilecontentint.com