Terms & Conditions

FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FROM UNSOLICITED E-MAILS, FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS.

Notify us immediately if you believe your Nairagram username and password have been lost or stolen or if someone may use them without your permission.

 

Attestation:

I hereby attest and affirm that the information provided to Nairagram are true and accurate. I also confirm that I know the beneficiary and that my transactions are not related to any romance scam or multi-level scheme. All transactions processed are for individual benefit and not obtained from illegal sources or for the purpose of money laundry or the financing of terrorism. I also authorize Nairagram to process my transactions and I will not dispute all authorized & successful transactions so long as the transaction corresponds to terms and conditions herein.

 

1. CONTRACT FORMATION AND OVERVIEW

1.1 These Terms and Conditions govern the terms under which you may access and use this website ( for purpose of this Terms & Conditions “website” includes our mobile applications) and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service.

1.2 In these Terms and Conditions, the terms "Nairagram", "we", "us", and "our" refer to Nairagram LLC, together with its employees, directors, affiliates, successors, and assigns. Nairagram LLC. is a Georgia corporation, with its headquarters located at 6065 Roswell road, Suite 450, Atlanta GA 30328.

1.3 The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to this website.

1.4 These Terms and Conditions are effective from July 1, 2020. The Terms and Conditions may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service.

1.5 The Service was created to assist customers to send money to their family and friends, in Nigeria. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers for example sellers of goods and/or services, private or retail.

 

2. DEFINITIONS

In this Terms and Conditions:

"Business Day"

means any day on which we are open for business for the execution of Payment Instructions and/or Payment Requests.

"Destination Country"

means the country in which the Recipient receives money through the Service.

"Gift Card"

means the service which allows you purchase electronic gift cards which can be sent to family and friends. Value for gift cards can be credited to beneficiary typically within minutes.

 

"Mobile Top Up"

means the service which allows you to credit a mobile phone account with credit which can be used by the mobile phone account holder to make calls, send text or picture messages and use data. It is credited to the Payee’s mobile phone account typically within a few minutes.

"Money Transfer"

means an electronic money transfer using our Services, either within the same country or to another country.

"Payment Instrument"

means a valid instrument of payment such as a bank account, debit card or credit card.

"Payout Amount"

means the amount to be received by the Recipient, after any foreign exchange conversion, excluding any Local Taxes and fees.

"Recipient"

means someone who receives money through the Service.

"Sender"

means someone who uses Nairagram services.

"Services"

means any or all of the following services:

(a)       Money Transfer;

(b)       Mobile Top-up

(c)       Gift Card

"Service Provider"

means a local bank, money exchange house, or other third-party service providers in the Destination Country with whom Nairagram works in providing the Service.

"Transaction"

means a specific instruction to send money, mobile top-up or Gift card through the Service.

"Transaction Amount"

means the amount of money, top-up or Gift card that the Sender wishes to send to the Recipient, excluding any applicable fees and prior to any foreign exchange conversion.

"Transaction Fee"

means the fee(s) and charges applicable to each Transaction.

"Transaction History"

Means the record of your Transactions which are accessible through our Portal.

"Website"

Means our public website.

“Electronic Signature”

means the sender consents and agrees that the use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action while using any electronic service we offer; or in accessing or making any transaction; or regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes the sender’s signature, acceptance and agreement as if actually signed by the sender in writing.”

 

3. OUR SERVICE TO YOU

To help protect your personal information from unauthorized access and use, we endeavor to use reasonable security measures. These measures can include physical, electronic and procedural safeguards such as computer safeguards and secured files and buildings. We also endeavor to limit access to personal information to only employees, agents and representatives that need to know. Despite our efforts, third parties may unlawfully intercept or access your personal information, transmissions to us, or may wrongly instruct you to disclose information to them by posing as Nairagram or by misinforming you about our services. Always use caution and good judgment when sending money and when using internet and mobile technologies.

3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.

3.2 We are not obliged to process any particular Transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us if we are not prohibited by law from doing so.

3.3 Nairagram reserves the right to modify or discontinue the service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

3.4 We may, in our sole discretion, refuse Transactions from certain Senders or to certain Recipients, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the US Government. In addition, not all Payment Instruments are available to all customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments.

3.5 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

 

4. TERMS OF USE

You agree that:

4.1 you will not access, use or attempt to use the Service as a Sender unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction;

4.2 for each Transaction that you submit, you will pay us a Processing Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Nairagram becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

4.3 in connection with your registration and use of the Service, you will:

4.3.1 provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

4.3.2 provide us and/or our merchant with details of one or more Payment Instruments; and

4.3.3 provide us with true, accurate, current and complete information for all Transactions. We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Recipient or failure to perform a transaction under the Service by reason of any of these matters.

4.4 when you pay for a Transaction in one currency and the Recipient is paid in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Nairagram and its Service Providers usually make a small profit in these circumstances. If a Recipient’s account is denominated in another currency there may be delays, additional charges or different exchange rates.

4.5 when you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is not normally possible to change any of its details. You will be given the opportunity to confirm transaction details before submission and you must check the details carefully.

4.6 Nairagram will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction;

4.7 you will only use the Service to send money to people that you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Nairagram has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If Nairagram reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s);

4.8 in using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Recipient who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organizations. If you use the Service in connection with illegal activity, Nairagram may report you to the appropriate legal authorities;

4.9 when using our website or the Service or when interacting with Nairagram, with another user or with a third party, you will not:

4.10 breach these Terms and Conditions, or any other agreement between you and Nairagram;

4.10.1 open more than one account, without our prior written permission;

4.10.2 provide false, inaccurate, or misleading information;

4.10.3 allow anyone else access to your registration details, and will keep those details secure;

4.10.4 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;

4.10.5 use an anonymizing proxy (a tool that attempts to make activity untraceable); or

4.10.6 copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.

4.11 Nairagram may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Transaction. Such proofs may include a suitable form of valid identification.

 

5. CANCELLATION AND REFUNDS

5.1 You have a right to cancel a Transaction before payment has been made to the Recipient. If you have sent money via our online web and software applications, you may exercise this right by:

 

5.1.1     Calling us at 1-855-207-9609

5.1.2     Emailing us at info@mynairagram.com

 

5.2 If you exercise your right to cancel a Transaction or if we cancel the Transaction, after you have already paid us for the service to be rendered:

 

5.2.1     we will refund money paid by you and intended for a Recipient only under the condition that it has not already been paid out to the Recipient in accordance with your original instructions prior to the cancellation request; and

 

5.2.2     we reserve the right to retain the Fees charged for the Service (and we may charge you for those Fees if they have not yet been paid) unless the Transaction is cancelled because it was erroneously processed, not processed or delayed for which we are liable under the relevant Money Transfer Regulations

 

5.2.3     if by the time you notify us of the cancellation of the transfer we have already sent the money to one of our partners in the country of destination, we may not be able to successfully cancel the order, given that the cancellation procedures with our partners differ in length and complexity, as well as often require communication across time zones.

 

 

6. COLLECTION OF INFORMATION

The US law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. Like most companies, we collect various types of data about our customers. Some of it may be considered personal data, which means data that make you identifiable as an individual.

We may collect and use the following data:

6.1 Basic personal data, such as (but not limited to):

·       Date of birth

·       Address

·       Phone number

·       E-mail address

 

This data is necessary for Nairagram to provide the Service to you. We will request this data when you sign up, before the Service is provided.

6.2 Data for ‘Know Your Customer’ (KYC) regulations, such as (but not limited to):

·       Proof of your identity, like a passport, driving license, national ID card or residence permit

·       Proof of your address, like a utility bill or bank statement

·       Additional details on the source of funds being sent, like a payslip, credit card statement, tax rebate receipt or bank loan agreement.

 

As a regulated financial institution, we are bound by the legal requirement to collect, verify and record certain data about you or recipients of your transactions. Any personal data received from the customer for the purpose of preventing money laundering or terrorist financing will be used only for that purpose and nothing more.

This data will be needed to conduct Know Your Customer (KYC), Customer Due Diligence (CDD) and security checks, as required by local and international regulations. This helps us keep your money safe, and we will only request these details when necessary.

6.3 Call recording

We record all incoming and outgoing calls that are handled by Nairagram LLC.

Before establishing the connection with us, you will hear a pre-recorded welcome message. Part of this message states:
"Please note that your call may be recorded and monitored for training and quality purposes."

We usually record conversations with our customers to help improve our service.

7. INTELLECTUAL PROPERTY

7.1 The Nairagram website, Service, content, and all intellectual property relating to them (including but not limited to 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 Nairagram Online Site and the Nairagram Online Service shall remain our property and/or the property of such other third parties.

7.2 The Nairagram website and the Nairagram Service may be used only for the purposes permitted by these Terms and Conditions or described on this website. You are authorized solely to view and to retain a copy of the pages of the Nairagram website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Nairagram website, the Nairagram Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Nairagram website or the Nairagram Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Nairagram website (or printed pages of the website). The name Nairagram and other names and indicia of ownership of Nairagram’ s products and/or services referred to on the Nairagram website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.

 

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

9. LIMITATION OF LIABILITY

9.1 IN NO EVENT SHALL NAIRAGRAM, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $200.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND TRANSACTION FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NAIRAGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF NAIRAGRAM, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.

9.2 We do not, in any event, accept responsibility for:

9.2.1 any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;

9.2.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

9.2.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control;

9.2.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

9.3 Where you are sending a money transfer to a Recipient, you agree to accept the provisions of this clause 9 not only for yourself, but also on behalf of the Recipient.

9.4 Your relationship is with Nairagram only. You agree that no affiliate or agent of Nairagram owes you any duty of care when performing a task which would otherwise have to be performed by Nairagram under its agreement with you. You acknowledge and agree that, to the extent Nairagram holds your funds, Nairagram shall hold such funds as agent on your behalf.

9.5 You agree to indemnify and hold harmless Nairagram, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.

 

10. ELECTRONIC COMMUNICATIONS

10.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

10.1.1 This Terms and Conditions and any amendments, modifications or supplements to it.

10.1.2 Your records of transactions through the Service.

10.1.3 Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law.

10.1.4 Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.

10.1.5 Any other communication related to the Service or Nairagram.

10.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this Terms and Conditions.

10.3 In order to access and retain Communications, you must have or have access to the following:

10.3.1 An Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above;

10.3.2 An e-mail account and e-mail software capable of interfacing with Nairagram’ s e-mail servers;

10.3.3 A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;

10.3.4 Sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and

10.3.5 A printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.mynairagram.com.

10.4 Electronic Consent. You must use your User ID, i.e. email address, and a password created by you, that permits access to your profile to initiate a transaction. You agree that the use of your User ID and password have the same effect as your written signature and serves as your electronic signature to authorize transactions. The use of your electronic signature evidences your identity. Further, you agree that no certification authority or other third-party verification is necessary to the validity of your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature.

 

11. TERMINATION

11.1 Either party may terminate these Terms and Conditions on one day's written notice.

11.2 We may terminate these Terms and Conditions with immediate effect if you:

11.2.1 become, or are likely to become, insolvent or are declared bankrupt;

11.2.2 are in breach of any provision of these Terms and Conditions;

11.2.3 your use of the Service or the website is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;

11.2.4 breaches or attempts to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);

 

12. FEES AND PAYMENT METHOD

12.1 Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.

12.2 If you pay by debit card it will be charged as soon as we accept your request for the transfer.

12.3 When you pay by debit card and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.

12.5 Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honored in accordance with their published terms.

13. Complaints

We value your feedback as it helps us improve our Service. We have established internal procedures for complaints, please contact us as soon as possible. For full details of our complaints procedure or customer protection advice, or to submit a complaint, comment or question, you can:

 

·  Call us at 1-855-207-9609; or

·  Write us at, Complaints Management, Nairagram LLC. 6065 Roswell Road, Suite 450. Atlanta,GA 30328;

·  Email us at info@nairagram.com

 

We will investigate your complaint and be ready to provide us with the following information:

 

(1) Your name and address or telephone number;
(2) The error or problem with the transfer, and why you believe it is an error or problem;
(3) The name and account details of the person receiving the funds;
(4) The dollar amount of the transfer; and
(5) The confirmation code or number of the transaction.

We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within five (5) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

Licenses:

Georgia Residents:

Nairagram LLC. (license number 55786, NMLS number 1561676) is licensed as a Money Transmitter in the State of Georgia by the Georgia Department of Banking and Finance.

Maryland Residents:

Nairagram LLC. (license number 1561676) is licensed as a Money Transmitter in the State of Maryland by the Mayland Office of the Commisioner of Financial Regulation.

Illinois Residents:

Nairagram LLC. (license number MT.0000433) is licensed as a Money Transmitter in the State of Illinois by the Illinois Division of Financial Institutions Consumer Credit Department of Banking and Finance.

Minnesota Residents:

Nairagram LLC. (license number MN-MT-156176) is licensed as a Money Transmitter in the State of Minnesota by the Minnesota Department of Commerce.

Canada:

Nairagram LLC. (license number M21932937) is licensed as a Money Transmitter in Canada.

14. GENERAL

14.1 Governing law: this Agreement will be governed by Georgia law and the parties submit to the exclusive jurisdiction of the Georgia Courts.

14.2 No Waiver: The failure of Nairagram to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

14.3 Modification: We may modify this Terms and Conditions from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Terms and Conditions and acknowledge that any attempts by you to modify this Terms and Conditions shall be void.

14.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.

14.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

14.6 Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.

15. Security

We take security very seriously at Nairagram, and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The Nairagram Service is a safe and convenient way to send money to friends and family and to other people that you trust. However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true - they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from Nairagram, which you suspect may be "phishing" (fake) emails, please forward them to us using our contact form.

 

16. Contact Information

Questions, notices, and requests for refunds or further information should be sent to Nairagram, as follows:

Nairagram LLC.

6065 Roswell Road,

Suite 450

Atlanta GA 30328

Toll free # 1-855-207-9609

Contact us here

Website: www.mynairagram.com