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Terms & Conditions

Terms of Service

Welcome to NairaBoom, the

world’s first licensed financial alert rollover lottery/gaming service. This fintech railed mobile spin lotto game service

is provided by MachinePush Nigeria Limited ("MachinePush" or "We"), a private limited liability company registered with the CAC under laws of the Federal Republic Of Nigeria.

1.0 Acceptance of the Terms and Conditions of Use

Please read the following Terms of Service carefully. By opting into this platform, you are agreeing to these Terms of Service. By opting in or requesting to play NairaBoom games either on any designated web application, mobile app or terminal made available to you, you hereby (i) acknowledge that you agree to be bound to and abide by these terms and conditions of use and (ii) represent and warrant that you are eligible to access the service and are authorized and able to accept these terms and conditions of use. If you do not wish to be bound by these terms and conditions of use, you must NOT opt in, signup, request for, play a game, access or use the service.

2.0 General Rules, Policies & Procedures

Eligibility

To be eligible you must (i) possess the capacity to receive valid successful financial debit or credit notifications (Alerts). (ii)You must, at the time of registration & signup (i) be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater, (ii) be physically located in a state in the Federal Republic of Nigeria (iii) & at all times abide by these terms and conditions of use. The company reserves the right to verify your age, identity and eligibility at any time. Any failure to cooperate with the company in this respect may result in the forfeiture of your of NairaBoom profile, rollerovers & cashouts/payouts. Employees, officers, directors, members, managers, investors, agents, and representatives of the company and any of its or their parent companies, subsidiaries,

affiliates as well as direct technology vendors, content providers, component suppliers (both hardware and software) directly related to the company, and each of their respective immediate family (defined as parents, spouse, partner, and children) and any person residing in the same household are not eligible to use the service, such persons may, however, access the service, and will from time to time do so for the purpose of testing the service, including, without limitation, evaluating user experience, and other reasonable and fair uses at the sole discretion of the company. By accessing or using the service, you represent and warrant that you have the right, authority and capacity to enter into this agreement, to abide by all of these terms and conditions of use, and that you are not prohibited from accessing or using the service. The company makes no representations or warranties, implicit or explicit, as to your legal right to access or use the service and no person affiliated, or claiming affiliation, with the company shall have authority to make any such representations or warranties. The company reserves the right to deny access to the service to anyone at its sole discretion.

3.0 Compliance

You will comply with all of the terms and conditions of this agreement and all applicable laws, regulations and rules when you use the service. A user must be 18 years or older to participate in the service. These rules & policies are valid only where legal. You are responsible for ensuring that it is legal for you to enter the service in your local jurisdiction. The company reserves the right to cancel a user’s entry if behaviour is deemed unacceptable by MachinePush Nigeria Limited or any of our affiliates. In the event of any winning generated from an account which is not in strict compliance of the present terms and conditions of use, the rights to said winning may be compromised.

Notice of Modifications or Changes

The company may modify the service at any time with or without notice to you. The company and its content including, without limitation, the information, graphics, products, features, functionality, services, processes, modalities and links (collectively the “content”) may be

changed, deleted or updated without notice. MachinePush may discontinue, suspend or modify the service at any time without notice, and the company may block, terminate or suspend your access to the service at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Stakes

All “stakes, and ticket entries ” must be made for a game to be considered valid to be treated by the next closest winning parameter .

Payouts & Statutory Withholdings

Where applicable by law, the company will subject the payment of any withholding instruction to the statutory withholdings and / or deductions authority. Winnings & Payment All cashout payments and bonuses will be made directly into the winners NairaBoom main wallet from where the winners can transfer it out to his bank account at any

time he/she pleases. Cashout will be made available in full unless in instances of acute financial insolvency where winnings will be paid in staggered sums in portions as communicated to the winner.

Daily Entry Limit

A person may play as many times as they desire in a day.

No Transfer

Winnings are not transferable.

Rollover Bonuses

All bonus you attract during the course of your membership with NairaBoom remains guided by the boom wallet terms and conditions you will find therein within your profile environment.

Winnings Scope & Tenure

All winnings will be valid only for credit or debit alerts not older than 90 days.

Entry Commitment

Once a stake or rollover has been made it cannot be reversed or terminated and will be considered. Security Privacy and personal security of user’s sensitive information like passwords, pins are responsibilities of the user.

Indemnification

MachinePush ,NairaBoom and all its attendant affiliations are indemnified in event of any fraudulent activity or loss to your bank account during the duration of the service

Updates

From time to time, the company may in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features/processes (collectively, including related documentation, “Updates”). updates may also modify or delete in their entirety certain processes, features and functionality. You agree that the company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Mobile Device and Service Charges For users who will be opting in via the internet note that this may require communication with the company’s servers, including, without limitation, which may consume data. You acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of use of this

service, including any overage and penalties assessed for exceeding the limits imposed by your service provider. You are responsible for the cost of your mobile device and to ensure that your mobile device meets the system requirements apt for accessing this platform if you choose to access it from the web including obtaining periodic updates or upgrades from your mobile device service provider to continue accessing the web. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT WEB APP WILL BE COMPATIBLE OR FUNCTION WITH ANY PARTICULAR MOBILE DEVICE, NOR DOES THE COMPANY WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF THE MOBILE DEVICE USED TO ACCESS OUR WEB OR SMS/USSD APPLICATION.

Term and Termination

The terms and conditions of your use of this service commences when you sign up and accept these terms and conditions of use and will continue in effect for the duration of the service or otherwise stated

3.0 Your NairaBoom Account

3.1 All applicants must be over 18 years of age to place a stake or register on NairaBoom. NairaBoom reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. NairaBoom takes its responsibilities in respect of under-age gambling very seriously. 3.2 All information supplied when registering with the platform MUST be accurate and complete in all respects. In particular, bank account tied to a user’s NairaBoom profile must bear the same name captured on the bank account. Where this is not the case, the user will not be able to transfer funds out their NairaBoom profile to the said bank account till the disparity is corrected. 3.3 NairaBoom may verify a user submitted notification (Alert) to confirm its validity before a result or after a result. Any submitted notification that fails the validity test is immediately disqualified from its scheduled draw or any commitment tied to that particular notification

3.4 By accepting the Terms and/or registering to use the platform you hereby agree that we shall be entitled to conduct any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the service and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. 3.5 As part of the registration process, we may supply your information details to authorised reference agencies to confirm your identity. You agree that we may process such information in connection with your registration. 3.6 Players may open only one account. Should we identify any customer with more than one account we reserve the right to close or suspend any such customer and NairaBoom shall also be entitled to withhold and/or

retain any and all amounts which would otherwise have been paid or payable to you (including any winnings or bonus payments). 3.7 Customers must keep their registration and account details up to date. 3.8 NairaBoom allows all its customers to choose their own username and password combination when creating an account. Customers must keep this information confidential as you are responsible for all stakes placed on your account and any other activities taking place on your account. 3.9 Rollover & Stakes will stand if your username and password have been entered correctly (whether or not authorised by you), subject to there being sufficient funds in the account. 3.10 If, at any time, you feel a third party is aware of your user name and/or password, you should change it immediately via the Platform or contact customer care. 3.11 You are responsible for all transactions where your name and account number or name and username are

correctly quoted (whether or not authorised by you). If you nominate another person as an authorised user of your account, you shall be responsible for all transactions such person makes using the relevant account details. Should you lose your account details or feel that someone else may have your account details, please contact us. 3.12 Please note that we will never request your credit /debit card details and any other sensitive data via phone call, text message or email. Should you encounter a request like this, please contact our customer care via the Need Help feature on your User Dashboard menu. 3.13 The current balance and transaction history of your account may be viewed at any time once you have logged into your account on the platform. 3.14 Your personal information is processed in accordance with our Privacy Policy. 3.15 NairaBoom reserves the right to close or suspend your account at any time and for any reason. Without

limiting the preceding sentence, NairaBoom shall be entitled to close or suspend your account if: (a) you become bankrupt; (b) NairaBoom considers that you have used the platform in a fraudulent manner or for illegal and/or unlawful or improper purposes; (c) NairaBoom considers that you have used the platform in an unfair manner or have deliberately cheated or taken unfair advantage of NairaBoom or any of its users; or deliberately manipulated the platform. (d) NairaBoom is requested to do so by the police, any regulatory authority or court; (e) NairaBoom considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; 3.16 If NairaBoom closes or suspends your account for any of the reasons referred to in (a) to (e) above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by NairaBoom (together “Claims”) arising from and shall

indemnify and hold NairaBoom harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, NairaBoom shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any cashout or bonus payments).

4.0 Other Intellectual Property Rights

Copyright Information and Non-Commercial Use Limitation

The service and its contents, features and functionality, processes including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (collectively, “content”), are owned by the founders of MachinePush and its affiliates as guided by intellectual property or proprietary rights laws. These terms and conditions of use permit you to use the service for your personal use only. you must not reproduce, distribute, modify, create derivative works

of, publicly display, publicly perform, republish, recreate, store or transmit any of the content on the service and conditions of use and may violate copyright, trademark and other laws.

Trademarks

The company name, the company logo and all related names, logos, product and service names, designs, slogans and processes are trademarks of the “creator company” or its affiliates or licensors. You must not use such marks without the prior written permission of the company or try to replicate our technical & commercial processes for any reason whatsoever. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

Changes to the Terms and Conditions of Use

We reserve the right to change these terms and conditions of use at any time without prior notice to you. If these terms and conditions of use are modified, we will update the “last modified date” and such changes will be effective upon posting. If we make what we determine to be material changes to these terms and conditions of use, we will notify you by prominently posting a notice or by sending a notice to the e-mail addresses on file. Your continued use of the service following such material changes requires your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the service you are expected to check this page each time you access this service so you are aware of any changes, as they are binding on you.

Disclaimer of Warranties

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON

AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, USEFUL, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE INFORMATION IN THE SERVICE MAY BE OUT OF DATE,

AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. WARRANTIES THAT CANNOT BE EXCLUDED OR THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIMITED UNDER APPLICABLE LAW. Limitation on Liability YOUR ACCESS TO AND USE OF THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY,

THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO USE, THE SERVICE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF WINNINGS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE OR FOR ANY DAMAGES TO OR INTERFERENCE WITH EQUIPMENT, MOBILE DEVICES, PROGRAMS, FILES, OR OTHER PROPERTY, WHETHER SUCH DAMAGES ARE RELATED TO ACCESS OR USE OF THE SERVICE OR ANY SITES LINKED TO IT.

FURTHER, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR FAILURE OR DELAY IN PERFORMING AN OBLIGATION UNDER THESE TERMS AND CONDITIONS OF USE, INCLUDING BUT NOT LIMITED TO TICKETS OR COLLECTING WINNINGS, IF IT IS PREVENTED FROM DOING SO BY CAUSES BEYOND ITS CONTROL SUCH AS A FORCE MAJEURE EVENT OR THE ACTIONS OF ANY REGULATORY COMMISSION OR ORGANIZATION, OR ANY FEDERAL, STATE OR LOCAL GOVERNMENTS. EXCEPT AS PROVIDED OTHERWISE IN THESE TERMS AND CONDITIONS OF USE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH OR DAMAGE SUSTAINED IN CONNECTION WITH THE SERVICE OR THE CONTENT OFFERED THEREON IS TO STOP USING THE SERVICE. YOUR PERMISSION TO USE THE SERVICE MAY AUTOMATICALLY TERMINATE WITHOUT NOTICE AT THE COMPANY’S SOLE DISCRETION.

5.0 Indemnification

You agree to defend, indemnify and hold harmless the released parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms and conditions of use or your use of the service, including, but not limited to, any use of the service’s content and products other than as expressly authorized in these terms and conditions of use or your use of any information obtained from the service. If you are obligated to provide indemnification hereunder, the company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without the company’s written consent. If you are obligated to provide indemnification hereunder, the company may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.

6.0 Governing Law and Dispute Resolution

All matters relating to the company, the service, these terms and conditions of use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Federal Republic of Nigeria without giving effect to any choice or conflict of law provision or rule.

7.0 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms and conditions of use or the service must be commenced within 30days (30) after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

8.0 Tax Obligation

You acknowledge that you are responsible to report your income and pay any taxes due to the appropriate federal, state and local authorities in the Federal Republic of Nigeria and in the country you reside. You further acknowledge that the appropriate regulatory bodies may retain a portion of your winnings and forward it to the appropriate tax authority on your behalf.

9.0 Waiver and Severability

No waiver of by the company of any term or condition set forth in these terms and conditions of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.

If any provision of these terms and conditions of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions of use will continue in full force and effect.

10.0 Assignment

The company may assign its rights and obligations under this agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, the company may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these terms and conditions of use without the company’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

11.0 Relationship of Parties

You acknowledge and agree that no joint venture, partnership, or employment relationship exists between

you and the company as a result of this these terms and conditions of use or your use of the service. You agree not to hold yourself out as representative, agent, operator, distributor, or employee of the company and the company shall not be liable for any of your representations, acts, or omissions. You also acknowledge and agree that, except as otherwise expressly provided in these terms and conditions of use, there shall be no third-party beneficiaries.

12.0 Force Majeure

The company shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of god, natural catastrophes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses strikes, financial insolvency or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of the internet or other networks (each, a “force majeure event”).

13.0 Boom Wallet Administration

NairaBoom Boom wallet also known as the secondary wallet is a wallet where your Nairaboom in play bonuses, activity earnings and boom point values are accumulated till you trigger a cashout by meeting any of the cashout modalities, the idea is to keep growing and grooming your boom wallet till you get a cashout green which is either 3 green boxes or you match the 4 digits of the pre- released Boom Codes.

14.0 Boom Wallet Provisos

Values inside your boom wallet can only be cashed out if any of the following cash-out parameters are met, check your profile info icon to see all Cash-Out Parameters.

15.0 Boom Code

At the beginning of every new month a set of Boom Codes are released and displayed in your user profile dashboard and any time you match this key completely at the bottom of your boomwheel the value percentage of your boom wallet is immediately transferred to your primary wallet.

16.0 Boom Administration

Every bonus earned can only be collected together with a winning, bonuses earned are accumulated till your next winning or your bonus unlocked when you meet any of the bonus unlocking provisos advertised from time to time.

17.0 Jackpot Administration

NairaBoom has a graduating jackpot fund that starts at a base of 1 million Naira and keeps growing after every game play it’s not won, Jackpot cap is set at 35million naira and will be reviewed from time to time. To win the jackpot, all a player needs to do is get 4 green boxes at the Boomwheel and you are immediately credited your Jackpot Win.

18.0 Check-In Administration

Check-in allows a player to register a valid financial alert without playing a game in event of insufficient funds in the primary wallet. Each Check-in is charged at a token of 10 Naira per check-in. Note check-ins are not considered a stake.

19.0 Cashout Administration

A Nairaboom cash-out is when any value in your boom wallet is crossed over to your main wallet from where you can move it to any bank account of your choice. A cash-out occurs when any of the following cash-out parameters are met: • Match any of the pre-released Boom Codes • Get 3 green balls at the Boomwheel • Get a random cash-out • Social Media Challenge Pick

20.0 Alert Administration

Only valid alerts from a legitimate financial service institution domiciled within the Federal Republic of Nigeria will valid and honoured on the Nairaboom gaming platform. Nairaboom reserves the right to query any alerts reference number if need be , if an alert is

found not to be valid, punitive action will be taken against such a player and your account suspended + any cashout denied. NairaBoom also reserves the right to choose whether to honor any rolled over alert without a reference number or not and this might be used as a basis of nullifying any pending cashout if need be.

21.0 Dormancy

Any Naira Boom account that has not played a game in 180 days is considered dormant and will have its boom wallet reset to 0 value, values in the main wallet will however remain intact.

21.0 Entire Agreement These

terms and conditions of use, our privacy policy and any applicable limited power of attorney constitute the sole and entire agreement between you and the

company with respect to the service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the service. Nothing in the terms and conditions of use, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.

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Nairaboom is licensed and regulated by the National Lottery Regulatory Commission (NLRC).