These terms and conditions represent a legally binding agreement between ACETECH FINANCE LTD (hereinafter referred to as "We", "Us", "the Platform" ,"our Platform" or "Our") and user ("User"/ "You"/ "Your"), and the terms shall include any person that access, use, and/or participate in the website ("Website"), mobile application platform and / or any mobile or internet connected device or otherwise ("hereinafter referred to as App") (collectively, the "Platform"). You acknowledge that you are aware that we provide access between multiple users in the form of consumers, data partners and other borrowers, service providers etc. with a view to facilitate lending and borrowing activities. It is hereby clarified that the term "Users" Shall mean any person using the platform. And by using this platform indicates that you have read, understood and agreed to the terms & conditions ("Terms & conditions" or " T&C") stated herein below. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. INTELLECTUAL PROPERTY RIGHT
Our intellectual property constitutes all of the content on the App, including, without limitation, to all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names ("App Content"). The App and the App Content are protected by copyright laws in all applicable jurisdictions.
You are allowed to access the App, make use of the features and facilities and utilize the App Content for the purpose for which this App/website was set up You are not allowed to copy, distribute/share, create derivative works of, display, or commercially exploit the App Content, features or facilities, directly or indirectly, without obtaining our prior written permission. You could contact us in the manner provided for herein if you would like to request permission to commercially exploit any particular App Content.
ACETECH FINANCE LTD and its licensors, if any, are the sole owners of the underlying software and source code associated with the App and all the trademarks, copyright and any other intellectual property rights of any nature in the App.
For the provision of the above mentioned Services, ACETECH FINANCE LTD will be using and sharing the information of the User with multiple financial institutions and other parties, as may be required for the purpose mentioned above and multiple credit checks shall also be operated by ACETECH FINANCE LTD to be able to get the best available offers to suit the needs of the Users.The privacy policy will be governing the collection, storage, use and transfer of information shared by the user.
2. APPLICATION USAGE
Through the App, ACETECH FINANCE LTD assists Users to gain access to certain credit strategy from its banking and financial partners.
ACETECH FINANCE LTD hereby permit you a restricted, non-transferable, license to download and use the App on a Device, having the specifications provided for in Clause 7 of these T&C, which you own or control, to utilize the functions and features in accordance with these T&C.
The App provides the following to its users:
(i)Qualification for various financial products;
(ii)Monitoring personal financial transactions and credit history;
(iii)Personal credit management.
All these are combination facilities provided by the app.
Certain personal and financial information are required from you by us, which shall be collected and maintained as per the terms laid down in our Privacy Policy. Any attempt to get involved in and resolve any disputes or disagreements between you and third party/ies shall not be mediated by us.
Your name will be used as per the records in BVN or any other identification as the name in the application.
3. CHANGES
We reserve the right to update, modify and change these T&C at our sole discretion without prior notice to you. Your access to and use of the App following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. Therefore, you are encouraged and advised to read these T&C each time you access and use the App.
Eligibility:The User of the platform unequivocally declares and agrees that the User is a legal citizen within the age of 18 and above and is legally allowed to enter into a contract in Nigeria. The User is allowed to utilize the Services in accordance with the T & C detailed hereinafter.
Any representation of a company, partnership firm or sole proprietorship, you shall be eligible to access the App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as ACETECH FINANCE LTD ) may require in connection therewith.
4. SECURITY
You are given access to set a security passcode on the App once you are approved for a credit limit. You are responsible for maintaining the secrecy of the passcode and your account ("Account") and are fully responsible for all activities that occur under your passcode or Account. You agree to: (1) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (2) ensure that you exit from your Account at the end of each session. We deny any liability for any loss or damage arising from your failure to comply with this Clause 4.
You hereby agree that the deletion of the App from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of our platform, you can contact us immediately to remove and/delete all such information. You hereby agree that the removal of your details from the platform does not constitute termination of your duties .
5. CUSTOMER COMMUNICATIONS
Utilizing the App or platform implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the App. When the telephone is answered, automated messages may be played, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
You verify , warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else's and are true, accurate, current and complete. You acknowledge that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us in writing whenever particular telephone number(s) and/or email address (es) are no longer in use.
6. USER GUIDELINES
In consideration of ACETECH FINANCE LTD granting you the rights here under, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the App in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to our server, or interfere with any other party's use and enjoyment of the App. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any of our server, in any manner, including, through hacking, password mining or any other means that is recognised as unauthorised. Any materials or information through any means which is not intentionally made available through the App shall not be obtained /be attempted by you.
The App is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the App or any deliverable generated by the App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the App; and/or (iii) create derivative works of the App.
You accept that any and all operations done from your Device shall be assumed to have been initiated by you.
Duplication, reproduction, distribution, or creation of derivative works of our content that is available on the App shall not be attempted by you. Also, including reverse engineering or reverse compiling of our technology that is available on the App.
If your Device has been lost or stolen, you shall request our platform to block the Account and change the passcode immediately for the Account.
Any and all activities that occur in your Account is your responsibility . You agree to notify our platform immediately of any unauthorized use of the Account or any other breach of security. Our platform shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform ACETECH FINANCE LTD, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by our platform or any other party due to a third party's use of the Account.
You shall not use any other person's account at any time, without the permission of the account holder and our platform.
Our platform shall make all reasonable efforts to ensure that your information is kept confidential. However, ACETECH FINANCE LTD will not be liable for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence, any Force Majeure event including but not limited to Act of God, governmental act, war, earthquake, fire, flood, explosion, civil commotion, industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, industrial or trade dispute, adverse weather, disease, accident to (or breakdown of) plant, unforeseen shortage or unavailability of any raw materials, transport, electricity or other supplies, regulatory intervention or any other causes which are not within the control of the App or its owners or failure on your part to practice safe usage.
While using the functions and features you shall ensure that all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and ACETECH FINANCE LTD shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand and acknowledge that upon using the App, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the App, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we access and retrieve information from third party sites, we are representing you as your agent, and not the agent or on behalf of the third party. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
In the event your that credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission, we have to be immediately notified by you. Please refer the detailed instructions received from your bank for additional precautions to be taken to protect account safety from loss/ theft/ misuse of your credit card.
ACETECH FINANCE LTD is not responsible for any advertisements contained within the Website. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists. Such linked websites and mobile applications are provided 'as is' for User's convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the Website provides a link. Further, the Users consent and agree that the content provided in the Website shall be synced and shall be available in both mediums.
7. INDEMNIFICATION AND WARRANTIES
By using the platform you consent to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your access and use of the App in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. The terms of this provision will survive any termination or cancellation of these T&C or your use of the App.
The App and the functions and features therein are provided on an 'as is' and on an 'as available' basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
ACETECH FINANCE LTD shall make reasonable efforts to make available the App and the functions and features at all times. However, we make no guarantee that the App shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any guarantee as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
ACETECH FINANCE LTD will not be responsible for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of ACETECH FINANCE LTD, including internet failures , attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the App is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&C.
8. SEVERABILITY
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: i) Such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and ii) The remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
9. REFUND AND CANCELLATION POLICY
ACETECH FINANCE LTD shall refund any excessive or additional payment made by You shall be refunded back within 30 days pursuant to the reconciliation of the accounts. The cancellation of the service can only be done, if cancellation is done within 24 hours of receipt of the loan amount in Your Bank Account. Please note that no cancellation shall be done after 24 hours of receipt of loan amount.
10. TERMINATION
ACETECH FINANCE LTD may terminate the use of the App at any time after giving notice of the termination to you. Upon termination, the rights and license granted to you herein shall be terminated and you must cease all use of the App.
10. WAIVER
Any failure on the part of our platform to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by our platform of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
Not with standing anything to the contrary contained herein, neither ACETECH FINANCE LTD nor its aligned companies and associates shall have any responsibility to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions.
As a User you also agree that we have maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Website is based on the information that is provided to us. In case the User does not disclose any information to us, and the same is not found out at the first instance by us despite all measures adopted to certify the ratings or credibility of a User, we shall not be responsible for any claims or liabilities. We are not responsible for any default in the repayment of loan that is borrowed from the lender and the lender shall have the exclusive right to initiate proceedings against the defaulter borrower. We shall aid the concerned User in terms of provision of information to initiate any legal proceedings to the best of our abilities . However, we shall not be responsible for any default on behalf of the User. We are an information platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined in the Website.
ACETECH FINANCE LTD makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, we take no responsibility whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms and Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
11.ASSIGNMENT
You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the preceding written consent of ACETECH FINANCE LTD . Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of ACETECH FINANCE LTD. Any assignment or transfer in violation of this clause will be deemed null and void.
12.INDEPENDENCE FROM PLATFORMS
The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google or Android (each being an "Operator").
Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
You and ACETECH FINANCE LTD acknowledge that these T&C are concluded only between you and ACETECH FINANCE LTD, and not with an Operator, and ACETECH FINANCE LTD, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these T&C.
Any maintenance and support services with respect to the App as required under applicable law is solely the responsibility of ACETECH FINANCE . You and ACETECH FINANCE LTD hereby agree that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You and ACETECH FINANCE LTD acknowledge that ACETECH FINANCE LTD, not the relevant Operator, is responsible for addressing any User claims or your possession and/or use of the App.
You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your Device agreement or any wireless data service agreement).
You and ACETECH FINANCE LTD agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these T&C , and that, upon your acceptance of these T&C , that Operator will be in it’s right (and will be deemed to have accepted the right) to impose the terms of these T&C against you as a third party beneficiary thereof.
12.UPDATES
ACETECH FINANCE LTD reserves the right to update the App, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation upon the time.
You hereby agree to install the updates from time to time and acknowledge that ACETECH FINANCE LTD will only be able to provide Account support for the App if you ensure to install all updates upon receiving notifications thereof when using the App.
13.INDEMNIFICATION
By acknowledging this you are agreeing to indemnify, save, and hold the App its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Website or App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. The App reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the App including rights to settle, and You agree to cooperate with the App defense and settlement of these claims.You will be reasonably notified of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.
14.VALIDITY
When you complete the authentication process and create an account this T&C shall be applied and shall remain valid and binding on you for so long as you maintain the Account.
15.DISCLAIMER OF WARRANTIES
You expressly understand and agree that: Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an "as is" and "as available" basis. App and expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
App makes no guarantee/waranty on these number of situations : 1) The service will meet your requirements. 2) The service will be uninterrupted, timely, secure, or error-free. 3) Any errors in the technology will be corrected. 4)The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. 5)The results that may be obtained from the use of the service will be accurate or reliable. 6) You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or service provider through or from the service will not create any warranty which is not expressly stated in these terms.
15.APPLICABLE LAWS
Your use of this Platform and any Term & Conditions stated in this agreement is subject to the laws and regulations of the Federal Republic of Nigeria. In the event of any dispute arising out of the performance or the interpretation of this Agreement, the Parties hereby agree to make every effort to reach an amicable settlement.
But if the Parties fail to resolve the concerned dispute in an amicable settlement, then the dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by reference of the dispute to sole arbitrator to be mutually appointed by both parties as per the provisions. The Arbitration shall be referred for final determination to arbitration in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria, 2004 for the time being in force, or any statutory re-enactment or modification thereof. The seat of arbitration shall be Nigeria.English shall be the language used in the arbitrary proceedings.
This Agreement shall be construed in accordance with and governed by the laws of the Federal Republic of Nigeria.
16.GOVERNING LAW AND JUSTIFICATION
These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with the laws of the Federal Republic of Nigeria. By using the App, you hereby irrevocably consent to the exclusive jurisdiction and venue of Arbitration in Nigeria, in the event of any disputes arising out of or in relation to your access to and use of the App.
17.LIABILITY LIMITATIONS
You agree that neither company or service provider nor any of their affiliates/ associates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if company or service provider has been advised of the possibility of such damages, resulting from:
The use or the inability to use the service.
The cost of getting substitute services.
Any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service.
Unauthorized access to or alteration of your transmissions or data.
Statements or conduct of anyone on the service.
The use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages.
Any other matter relating to the service.
18.Communicate with us
For any questions or concerns regarding the way in which your personal information has been used, or if you want to opt-out of having your personal information shared with third parties or for any purpose that is materially different than the purpose you shared it with us using the following address.
Email: info@acetechfinanceltd.com