Published 27th Oct, 2021

By Daniel Ojukwu

As part of its terms of service, the Central Bank of Nigeria (CBN) has warned users of the eNaira website to defend it against any “action, cause, claim (and) damage” in the event they experience losses.

An indemnification clause published as part of its ‘Privacy Policy and Terms of Use’ compels users who sign up to bear full responsibility for actions taken on their accounts.

The same clause states that “CBN will not promise that any of the materials on this website are accurate, complete, or current.”

FIJ visited the eNaira website to review the terms of service many users ignore when signing up.

Its disclaimer, one of the 18 topics listed under the terms, reads: “The CBN maintains this website to enhance public access to information about eNaira by providing timely and accurate information. However, the CBN accepts no responsibility or liability whatsoever with regard to the materials on this website. All the materials on eNaira’s website are provided as is.

“CBN makes no warranties, be it expressed or implied. Furthermore, CBN does not make any representations concerning the accuracy or reliability of the use of the materials on its website or otherwise relating to such materials or any sites linked to this website.

“CBN or its service providers will not be held accountable for any damages that arise with the use or inability to use the materials on eNaira’s website, even if CBN or its authorised representative has been notified, orally or in writing, of the possibility of such damage.”

The ‘Revisions and Errata’ topic reads: “The materials appearing on eNaira’s website may include technical, typographical, or photographic errors. CBN will not promise that any of the materials on this website are accurate, complete, or current.

“CBN may update the materials contained on the eNaira website at any time without notice and makes no commitment to update the materials.”

Contractually, it commits users to “indemnify, hold harmless and defend th CBN, its directors, officers, employees, independent contractors, affiliates and agents (‘indemnified parties’) from and against any action, cause, claim, damage, debt, demand or liability” relating to its terms of service, users’ access to the eNaira website or “any unnacceptable use of the eNAira website by you or any person.”

Contained in its indemnification clause is: “You agree to indemnify, hold harmless and defend the CBN its directors, officers, employees, independent contractors, affiliates and agents (indemnified parties) from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this terms and conditions; (b) your access or use of the eNaira website, including any data or work transmitted or received by you; and (c) any unacceptable use of the eNaira website by you or any person, including, without limitation, any statement, data or content made, transmitted or republished by you or any person which is prohibited and unacceptable under extant laws and regulations.”

FIJ earlier reported how the eNaira application had received a one-star rating on Google Playstore from over 50% of its reviews within 24 hours of launch.

The application continues to receive unpalatable reviews as users lament signup hitches.

FIJ contacted the CBN’s eNaira help desk on 0800MYENAIRA (080069362472), and a contact center agent confirmed users cannot report losses to the desk as the terms of use already address.

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