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Terms of Use for First Capital ********* Consult Limited

***** AND CONDITIONS *** THE OPENING AND USE OF A ****** ACCOUNT WITH FIRST CAPITAL FINANCIAL CONSULT LIMITED


WHEREAS

**** Agreement is a ********* services and an end-user licence agreement ******* you (“End-user” “Borrower” or “you”) and the relevant First Capital entity **** incorporated and ******** under *** laws of Nigeria. These Terms *** Conditions apply to and ******** the provision of ****** *** facilities by First ******* Financial Consult Limited through *** service “AdimsCredit” to the Borrower or you herein

**** Agreement (together with our Privacy Policy) **** out the ******** terms and conditions (the “Terms and Conditions”) which shall ** applicable to the Account (as hereinafter defined) opened ** *** **** AdimsCredit.

These ***** and ********** and any amendments or variations thereto **** effect on their date of publication.



IT IS AGREED AS FOLLOWS:



DEFINITIONS AND INTERPRETATION

Definitions

For the ******** of this Agreement and the preamble above, unless *** context requires otherwise:

Acceptable Use Restrictions has the meaning given to it in clause 5;

********* means **** Agreement;

Account means your ****** account with AdimsCredit;

Business Day means a day other than a Saturday, Sunday or national or public holiday in which banks are open *** business in Nigeria;

*********** means your personal credentials used to access the App *** operate your Account;

Credit ********* Bureau includes any ********* institution or a credit reference bureau duly licensed ***** the laws *** regulations of the ******* republic of ******* to, collect and facilitate the sharing of customer credit information;

Electronic Payment Service ***** the payment service ********* by a licensed payment service provider in accordance with the laws and regulations of the ******* ******** of Nigeria;

Electronic Payment System means the facility operated by the Payment System Provider for the ********* of the Electronic Payment Service;

Encumbrance includes any mortgage or charge (******* legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust *********** or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;

********* includes **** mobile ***** handset, SIM Card and/or other equipment which when used together ******* you to access the Network;

Event of ******* has the meaning given to it in clause 11.1;

Force Majeure means events, circumstances or causes beyond the reasonable ******* of AdimsCredit making AdimsCredit’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited ** acts ** God, war, pandemics, lockdowns, strikes or labour disputes, embargoes or ********** orders;

********** means placing funds **** *********** for an agreed tenor for a promised return at the Prevailing Rate;

Investment Account means your ******* account with AdimsCredit for the ********* of Investments offered on *** App;

Licence Restrictions has the meaning given to it in clause 4;

Loan means *** principal amount of the loan (together with any interest and fees due on the loan) made or to be **** to you under this ********* from time to time through *** App or (as *** context requires) the principal ****** outstanding for the time ***** of that loan;

Nigeria means the Federal Republic of Nigeria;

Mobile Network Operator means a licensed mobile ******* operator ** Nigeria;

Network means a mobile cellular network operated by a ****** Network Operator;

Payment System ******** means Banks, and other financial ************ that has been duly licensed to provide payment ******** in Nigeria;

Prevailing **** means the rate ** interest payable ** the ********** as shall be notified ** you through *** App, which rate may be varied from time ** time;

Privacy Policy means *** AdimsCredit ******* policy that sets out the basis ** which any personal data we collect from you, ** that you ******* to us, will ** ********* by us;

Request means a request or instruction received ** AdimsCredit from you ** *********** from you ******* the App or any ** our customer support channels and upon ***** AdimsCredit is ********** to act;

Services shall include any form of financial services or products that AdimsCredit may offer you ******** to this Agreement and which you may from time to time subscribe to; *** “Service” shall ** ********* accordingly;

SIM Card means the subscriber identity module which when used with the *********** ****** phone handset enables you to access *** ******* and in some cases to *** the Value Storage Account (as defined below);

*** means a short message service consisting ** a text message *********** from your mobile ***** ** another;

System means AdimsCredit’s mobile and electronic communications software enabling you to communicate with AdimsCredit for purposes of *** Services. The ****** *** *** Services will *** the purpose of **** Agreement be access through the App;

Technology has the meaning given to it in clause 3.1.4;

Third Party Partners **** banks, payment companies, asset management firms, credit ********* bureaus, debt recovery companies, or any other person (entity) that provides any form ** service or information to us for the provision of the Service;

Transaction Fees includes any fees and charges ******* for *** use of the Services as published by AdimsCredit on AdimsCredit’s website, the App ** by such other means as AdimsCredit shall in its **** ********** determine. *********** Fees are subject to change at AdimsCredit’s discretion;

Value Storage Account means your electronic money store of value, being the record ********** by a Payment System Provider from time to time held by you in *** Electronic Payment System;

Wallet means the virtual storage account provided to you on *** App.

Interpretation

 In addition to the definitions in clause 1.1, unless the context requires otherwise: the singular shall include the plural and vice versa;

  • A reference to any one gender, whether masculine or feminine includes the other .
  • All the headings and sub-headings in this Agreement are for convenience only and *** not to be taken into account for the ******** of interpretation of this Agreement.
  • The recitals and schedules shall be deemed to form part of **** Agreement.

 



 

PART A- ******* Provisions

ACCEPTANCE OF TERMS *** CONDITIONS

1 .You must carefully read and understand *** Terms and Conditions set *** in **** Agreement (*** Terms and Conditions) before downloading or streaming the App or opening an Account with AdimsCredit.

2. ***** downloading the App, you will be deemed to have accepted the Terms and Conditions immediately upon your clicking the “Continue” ****** the App or any other button ***** signifies your acceptance of these Terms and Conditions and an ********* ** use the App. If you do not agree with the Terms *** Conditions please do not click “Continue”.

3. By downloading the App and opening an Account with AdimsCredit, you agree to ****** **** and be bound by the ***** *** Conditions governing the operation of the Account *** you affirm that the Terms *** Conditions herein are ******* prejudice to any other ***** that AdimsCredit may have with ******* to the Account in law ** otherwise.

4. These Terms and Conditions may be ******* or varied by AdimsCredit from **** to time and your continued use of the Services constitutes your agreement to be bound by *** updated or varied terms. AdimsCredit will take all reasonable measures to notify you ** any changes.

5. From time to time, updates to the App may be issued. Depending on the update, you may not ** able to use the ******** ***** you **** downloaded ** streamed the latest version ** the App and accepted any new terms *** conditions.

6. By using *** App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve *** products and to ******* any Services to you. If *** *** ***** Services, you consent to us and *** affiliates' and partners’ transmission, collection, retention, maintenance, ********** and use of your data to determine our credit scoring services or to improve our Services and/or your experience while ***** the App.



GRANT AND SCOPE OF LICENCE

1. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use *** App on your Equipment, subject to these ***** and Conditions. We reserve all ***** rights. Except as expressly *** out in this Agreement or as permitted ** any local law, *** agree:

  • not ** rent, lease, sub-license, loan, translate, merge, adapt, vary or ****** *** App;
  • not to make alterations to, or ************* of, the whole or any part of the App, ** permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse-engineer or create derivative works based ** the ***** ** *** part of the App ** attempt to do *** such thing except to the extent that such actions ****** be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, *** provided that:
  • the information obtained by you during such activities is not disclosed ** ************ without our ***** written consent to any third party; *** is not used to create *** software that is substantially similar to the App;
  • you include *** copyright notice on all entire and partial copies you make of *** App on *** medium; and *** undertake not to provide or otherwise make available the App in whole or ** part (including object and source code), in any form ** *** person without prior written consent from us; and
  •  ** comply **** all technology ******* or export laws and regulations in your country that ***** to the technology used ** supported by the App ** any ******* (the Technology),



LICENCE RESTRICTIONS

 You must:

  • not use the *** or any Service in any unlawful manner, for any unlawful purpose, ** in any manner inconsistent with this Agreement, or act ************ ** maliciously, for example, by ******* into or inserting malicious code, including viruses, or harmful data, into the App, any Service or the System;
  • not infringe our intellectual property rights ** those ** *** third ***** in ******** to **** use of the App or any Service (to the extent that such use is *** ******** by this Agreement);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  •  not use the *** or any Service in a way that could damage, disable, overburden, impair or compromise our System or security ** interfere with ***** users; and
  • not collect or harvest any information ** data from any ******* or our systems or attempt to decipher any transmissions to or **** the servers ******* *** Service.



 ACCEPTABLE USE RESTRICTIONS

INTELLECTUAL PROPERTY RIGHTS

  • You *********** that *** intellectual ******** rights in the App and the Technology anywhere in *** world belong to us or our licensors, that rights in the App are licensed (not sold or assigned) ** you in accordance with this Agreement, and that you have no rights in, ** to, the App ** the Technology other than *** right to use each of them in accordance with the terms of this Agreement. *** acknowledge that you have ** right to have access to the App in source-code form.

 USE OF *** SERVICES

  • The Services offered by AdimsCredit can **** ** utilized ** persons over *** age of 18 that are legally resident in Nigeria and **** valid bank accounts. To provide you with the Services, AdimsCredit reserves the ***** to verify any information provided to us in this regard.
  • The ******** may ** provided ** ourselves or in partnership with ***** ******* providers ********* ******* Service Providers. You hereby *********** and accept that your use of *** Services does not create any contractual relationship between you and any other party provider.
  • AdimsCredit reserves the right to provide any of *** ******** to you or revoke the same ** any stage at AdimsCredit’s sole and absolute discretion and without assigning any reason or giving any ****** thereto.



 

******** INFORMATION

1. ** **** our Know **** Customer (“KYC”) *** Anti-Money ********** (“AML”) obligations, we may require you ** provide any or all the following:

  • your **** name;
  •  **** date of birth;
  • your Bank Verification Number ("BVN");
  •  your current residential address;
  • your picture;
  • copy of a ***** Government issued ID (national ID, international passport, permanent voter’s card or driver’s license);
  • **** of recent utility bill, bank statement, affidavit, or ******* bill, dated within three months of our request, which carries your name and address;
  •  any other *********** ** document as we may ******* *** *** internal risk assessment.

2. You ******* that *** information *** documentation provided ** us are true, correct, and accurate. You also undertake to notify us of any changes to the information or documentation which you have provided.

3. You hereby ***** and authorise AdimsCredit to verify information provided by you against the information held by any ***** ***** (including official databases) such as, banks, Payment ****** Providers any other information bank available to AdimsCredit.

4. The information that AdimsCredit may verify against the information which you have provided to us include (without limitation): your name, phone number, date of birth, address, age, Identification Number (“ID”) or Passport Number and **** other information that will enable AdimsCredit to identify you and comply with the regulatory “Know Your Customer” requirements (******** the “Personal Information”).

5. You hereby agree *** authorise *********** ** collect and verify information including, but not limited to, data ******** ** **** phone (including, without limitation, your phone’s history) from your Equipment, from any SMS **** to you or ** you, from any 3rd party applications, and such other information as AdimsCredit shall require for ******** of ********* you the Services (the “Relevant Information”).

6. You hereby ******* ** AdimsCredit verifying the Personal Information and the Relevant Information and ***** the Personal Information and the Relevant Information ** the extent necessary in AdimsCredit’s opinion for the provision of the Services.

7. You hereby agree and authorise AdimsCredit to obtain *** ******* your Personal Information and Relevant *********** from relevant sources (private and official databases) *** you further ***** and consent to the disclosure *** provision of such Personal Information by ** or our Third Party Partners.

8.  You agree to ********* *** hold AdimsCredit and the Third Party Partners harmless with respect to any claims, losses, liabilities *** ******** (including legal fees and expenses) **** may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.

9. AdimsCredit reserves the right to request for ******* *********** from you pertaining ** your use of the Services ** any time. Failure ** ******* such information within the **** ******** by AdimsCredit *** result ** AdimsCredit declining to accept your application for an Account or ****** to the Services.



 

USER REQUESTS

1. You hereby irrevocably authorise AdimsCredit to act on all Requests received by AdimsCredit **** you (or *********** from you) and to **** you ****** ** ******* thereof. AdimsCredit may nevertheless ****** to carry *** *** ******** in its **** and absolute discretion.

2.  AdimsCredit shall be entitled to ****** and to act upon any Request, even ** that Request is otherwise for any reason incomplete or ambiguous if, in *** absolute discretion, AdimsCredit ******** that ** can correct *** ********** ** ambiguous information in the Request without any reference to you ***** necessary.

3. AdimsCredit shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the ******* *** have been initiated, sent or otherwise communicated ** error or fraudulently, and you shall be ***** by any Requests on which *********** may act if *********** has in good faith acted in *** belief that such instructions have been sent ** you.

4.  AdimsCredit may, ** its absolute discretion, ******* to act on or ** accordance with the whole or any part of your Request pending receipt of additional confirmation ** information (whether written or otherwise) from you.

5. You agree to *** ***** release from and ********* *********** against all claims, losses, damages, ***** and expenses howsoever arising in consequence of, or in any way related ** AdimsCredit having acted in accordance with *** whole or *** **** ** any of your Requests (or failed to exercise) the discretion conferred upon it.

6.You *********** that to the full extent ********* by law, AdimsCredit shall *** be ****** *** any unauthorised drawing, transfer, remittance, disclosure, any activity ** any ******** ** your Account by the fact of the ********* and/or use or manipulation of your Account Personal Identification Number, password, ID ** any ***** whether or not occasioned by **** negligence.

7. AdimsCredit is authorised to effect such orders in respect of your Account as *** be required ** any court order or competent authority ** agency in Nigeria.

8. In the event ** any conflict between any ***** of any Request received by AdimsCredit **** you and **** Agreement, this Agreement shall prevail.


STATEMENTS

1. A statement *** activity report in respect of your Account **** be made available on Request. Requests shall be **** via our e-**** address: [email protected] or via a contact **** on *** App.

2. The statement on the App shall provide details of your recent transactions in your ******* initiated from your Equipment.

3. Your ********* will show all transactions carried out from your Account. You must check **** statement carefully and notify AdimsCredit as soon ** possible, and no later than 48 hours after receipt of your statement, if it includes any transaction ** other entry which appears to you to ** ***** or not made in accordance with **** instructions.

4. AdimsCredit, may without notice to you, rectify discrepancies, *** or alter the entries in your statement to reflect the accurate position of your transactions.

5. Save for a manifest error, a statement issued ** you ** respect of your Account shall be conclusive evidence of the transactions ******* *** on your AdimsCredit for the period covered in the statement.


TAXES

1. *** payments to ** made ** you in connection with ***** Terms and Conditions ** any Services provided to you ** *********** *** be calculated ******* regard to any taxes payable by you or in respect of the Services. If any taxes are payable in connection with the payments, you **** ensure that you pay such taxes and that you pay to AdimsCredit **** additional ******* as will ****** in AdimsCredit receiving the full amount it ***** have received had ** such taxes been applicable to the payments.

2. *** hereby ******* and agree that AdimsCredit may ******** amounts ** your Account if we are required to do ** in ********** with the ********* of any tax authority, or AdimsCredit is otherwise required by law or regulation or pursuant to agreements **** any tax authority to do so, or ** AdimsCredit needs to comply with internal policies or **** *** applicable ***** or sanction of a tax authority. You will, however, ** notified if such deductions are made.

3. All payments to be made by *** under this Agreement ***** be made in full without *** set off or counter claim and save in so far as required by the law to *** contrary, free and clear of and without any deduction or withholding whatsoever. If you are ** any time required to **** any deduction or withholding from any payment to AdimsCredit, you shall immediately *** to AdimsCredit such additional amounts as will result in AdimsCredit ********* the full ****** it ***** **** ******** had no such deduction or withholding been required.


USER’S RESPONSIBILITIES

1. You shall at your own expense provide and maintain your Equipment in safe and **** order for the purpose of accessing *** ****** and the Services.

2. *** shall be *********** for ensuring the ****** performance of your Equipment. AdimsCredit shall ******* be *********** for any errors or failures ****** by any malfunction of your Equipment, *** shall AdimsCredit be responsible for any computer virus or related problems that may ** ********** with the use of the System, the Services and *** Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network *** AdimsCredit shall *** be responsible *** losses or delays caused by any such service provider.

3. You shall follow all instructions, procedures and ***** contained ** this Agreement *** any document ******** ** AdimsCredit ********** *** use ** the System and *** Services

4. You hereby agree and acknowledge that you ***** be solely responsible *** the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not ****** known or **** into possession of any unauthorised person. AdimsCredit shall not be liable for any disclosure ** your Credentials ** *** third party and you hereby agree to indemnify and **** AdimsCredit harmless from any ****** resulting from any disclosure of your Credentials.

5. You ***** take all reasonable precautions to prevent and detect any ************ use of the System and the Services. To **** end, you ***** ensure that all communications from AdimsCredit are ******** and checked by *** or on **** behalf as soon as practicable after receipt by you in **** a way that any unauthorised use of and access ** the System **** ** detected. You shall *********** inform AdimsCredit ** the ***** that:

6. You have ****** to believe that your Credentials are or may be known ** *** person not authorised to know *** **** and/or **** been compromised; and/or

7. You have reason to believe that unauthorised use of the ******** *** or may have occurred or could occur and a transaction may have been fraudulently initiated or compromised.

8.You shall at all times follow the ******** procedures ************ ** *** by AdimsCredit from time to time or such ***** procedures as may be ********** to the Services from time ** time. You acknowledge **** any failure on your part to follow the recommended security procedures may result in a breach of your Account’s privacy *** security. You warrant that no one else shall have access to or operate your Account apart from you.

9. You shall not at any time operate or use the Services ** *** manner **** may ** prejudicial to AdimsCredit.



********* AND TERMINATION

1. *********** may at any time, upon notice to you, terminate or vary its business relationship with you and close **** Account.

2. Without prejudice to AdimsCredit’s rights ***** clause 11.1, Adimscredit may at its sole discretion suspend ** ***** **** Account:

  • if you use the Account for unauthorised purposes or where *********** detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
  • ** AdimsCredit is required or requested to comply with ** ***** or instruction ** ** a ************** from the government, court, regulator or other competent authority;
  • ** *********** reasonably suspects or believes **** you are ** breach of these Terms and ********** (including non-payment of any Loan amount due from you where applicable) which *** fail to ****** (if remediable) within 5 **** after the service ** ****** by email, SMS or other electronic means requiring *** to do so;
  • where such a suspension or variation is necessary as a consequence of technical ******** ** for ******* of safety; to facilitate update or upgrade the contents or functionality of *** Services from time to time; or where your Account becomes inactive or dormant;
  •  where the Services are being used for any illegal, fraudulent or suspicious activity;
  • ** AdimsCredit decides ** suspend or cease the provision of the Services *** commercial ******* or for any other reason as it may ********* ** its absolute discretion; or
  •  ** you breach any of the Licence ************ or *** Acceptable Use Restrictions.

3 Such termination shall however not affect any accrued rights and liabilities of either party.

4. Upon the suspension or closure of your Account, AdimsCredit may ****** any outstanding loan which ** has granted and require the immediate repayment of such *********** loans.

5. ** AdimsCredit receives notice of your demise, AdimsCredit will not be obliged to allow any operation ** withdrawal from **** ******* by any person except upon production ** administration letters from a competent authority or confirmed ***** of letters of administration ** confirmed ***** of probate by your legal representatives **** ********* by a court of competent jurisdiction.


 EXCLUSION OF LIABILITY

1. *********** shall not be responsible for any loss suffered by *** should the Services be ********** **** ** be unavailable by reason of the failure ** any of your Equipment, or any other circumstances whatsoever *** within AdimsCredit’s control including , ******* limitation, ***** Majeure or error, interruption, ***** or non- availability of the System or Network, terrorist or *** ***** action, **** of power, adverse ******* or atmospheric conditions, and ******* of any public ** private telecommunications system.

2. You *********** that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility ** ensure that the facilities and functions of the App as described meet your requirements.

3. We only provide the Services ** the App for domestic, ******* use, *** small and medium business financing needs, *** ** **** no liability to you for any **** of profit, loss of business, business interruption, or loss of ******** opportunity as a result of your use of the App or the Services.

4. AdimsCredit will not be liable for any losses or damage suffered by you as a ****** of or ** connection with:

  • any defect or fault in *** App or *** Service resulting from you having altered or modified the App;
  • *** defect or fault in *** App ********* from you having used the *** in breach of the terms of this Agreement;
  •  your breach of any of *** Licence Restrictions or the Acceptable Use Restrictions;
  • unavailability of ********** funds in your Account;
  •  failure, malfunction, interruption or unavailability of the System, your Equipment, the Network or the Electronic ******* System; the money ** **** Account being ******* to investigations, lien, legal process or ***** encumbrance restricting payments ** transfers thereof; your failure to give proper ** complete instructions *** ******** or transfers relating to your Account;
  •  any fraudulent or illegal *** of the Services, the System and/or your Equipment; or

5. If for any reason other than a reason mentioned in clauses above, the Services are interfered with or unavailable, AdimsCredit’s sole liability under this Agreement in respect thereof shall be to re-establish the ******** as soon as reasonably practicable.

6.  AdimsCredit shall not be ****** to you for any interference with or unavailability of the Services, howsoever caused.

7. Under no circumstances ***** AdimsCredit ** liable to you for any loss ** ****** or anticipated savings or for any indirect ** consequential loss ** damage of ******** kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to AdimsCredit.

8. All warranties and obligations implied by law are hereby excluded to the ******* extent permitted by law.



REWARDS AND BONUSES

1. We may give you rewards and bonuses which may include credits redeemable only on the App. ***** ******* may be redeemed ******* ******** ************ as indicated on the App.

2. The rewards will be credited ** your Account once the qualifying transaction is completed or the ********** of issuance are satisfied.

3. These rewards may be ********* or cancelled if it comes to our knowledge that the ******* ******* in error or on the basis ** fraud, ********* or false or inaccurate information or fictitious transaction.


 INDEMNITY

1.You hereby indemnify AdimsCredit (including its directors, employees, partners, Third Party Partners, Agents, and affiliates) *** hold it harmless ******* any action, demand, claim, loss, charge, damage, expense, or fees (actual or consequential) including attorney and accounting fees, ***** AdimsCredit may suffer or incur ** a result of:

  • your access and use of the Services and App
  • a breach of these ***** and Conditions
  • your provision of incorrect, incomplete, wrong or false information.
  • ****** ** your Requests.

third party ****** relating to your use of the ******** ********* but not limited to matters relating to ************ of copyright, trademark , trade **** ** ***** intellectual property,

2. On no account will AdimsCredit or any of the indemnified ******* above be liable for any demand, claim, **** ** damage which you may sustain:

  • our acting in accordance with your ******** or Requests purported to be from you;
  • from the malfunction or ******* or unavailability of any hardware, software, or equipment, the **** ** *********** of any data, ***** failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event ****** AdimsCredit’s control, interruption or distortion ** communication links or arising from reliance on any person or any incorrect, illegible, incomplete or ********** information or data contained in any Request received by AdimsCredit;
  •  any unauthorised ****** to your Account or *** breach of security or any destruction or accessing of your data or any destruction or theft of ** damage ** any ** your Equipment;
  • or loss or damage occasioned by the failure or unavailability of third party facilities or systems ** the ********* ** a third party to process a transaction;
  • any ****** ***** *** circumstance is within your control.



ANTI MONEY LAUNDERING AND COUNTERING FINANCING ** TERRORISM

1.  To comply **** relevant *** obligations, we may ******* information on the transactions carried *** on your Account such as (a) details of the recipient (b) source of funds being transferred (c) purpose of the transfer or payment being made. *** confirm that you will provide all requested information ******** in respect of the transaction in this regard.

2. You also agree that we may cancel *** transaction, suspend **** Account or refuse ** **** an Account ** your name if you refuse to ******* the requested information or ** any information provided ** ****** or inaccurate.

3. Please **** that for certain transactions, we or our Third Party Partners may be required to file *** or related reports (without notice to you) with the relevant regulators. These reports may include details ** your Personal Information, transactions, investment activity, operation or proposed operation of the investment account or any of *** Services.


COMMUNICATION BETWEEN US

1. If you wish to contact us, or if any condition in these Terms and Conditions requires you to give notice to AdimsCredit, you may send such communication ** us by e-mail to [email protected]*** ** to **** e-mail address that may be communicated to *** from **** to time. We **** confirm receipt ** **** ** ********** you in writing by e-mail.

2. If we have to contact you or give *** notice in writing, we *** do so by posting such ****** on our website; *** App, ** e-mail or SMS to the mobile phone number or e-**** address *** provided ** us.


GENERAL

1. A partial exercise of any right, power or remedy shall *** preclude any further ** other exercise of that, or any other, right, power or remedy.

2. ** failure ** AdimsCredit to exercise, and no delay in ********** (including the right to enforce repayment of any *********** ****** on the due date), any right or ****** in respect of any provision of this Agreement shall operate as a ****** of such ***** or remedy.

3. If any provision or part ** a provision of this Agreement is found by *** court of competent jurisdiction to be, invalid or unenforceable, **** invalidity or **************** ***** not affect the other provisions or parts of such provisions of this Agreement, all ** ***** shall remain in full force and effect.

4. AdimsCredit reserves the ***** to transfer or assign its rights *** obligations ***** **** Agreement (********* *** obligation to lend money or the amount owed ***** this Agreement) to another person. We may ****** you if such transfer results in a change **** may affect your Services. This Agreement and any rights or liabilities ******** thereunder may not ** assigned by you to *** ***** person.


ENTIRE AGREEMENT

1. These Terms and Conditions and our Privacy Policy constitute *** entire agreement between *** and us supersede and ********** all previous agreements, promises, assurances, warranties, *************** and understandings between us, whether written or oral, ******** ** its ******* matter.

2. *** acknowledge that in ******** into this Agreement you have not relied on any statement, representation, ********* or warranty (whether **** innocently ** negligently) that is not set *** in these Terms and Conditions ** our Privacy Policy.


 GOVERNING LAW AND ******* RESOLUTION

This Agreement shall be governed by and construed in accordance with *** laws of *** Federal Republic of Nigeria and the Nigerian courts shall have exclusive jurisdiction to determine any dispute ******* from *** operation of **** Agreement.

The ******* shall *** their good ***** efforts to resolve any dispute, *********** or claim of any nature ********** arising out of or in ******** to or in ********** **** this Agreement.


******* POLICY

1. We only use your ******** information in accordance **** *** Privacy Policy. Please take the time to read our ******* Policy, as it includes important ***** which apply to you.

2. Upon downloading the App *** clicking the “Accept” or “Continue” or any other button ***** ********* your acceptance ** these Terms and Conditions and an intention to use the App, you will ** deemed to have accepted AdimsCredit’s Privacy Policy, a copy of which is available on the App.

 



 

PART B- Our Loans

This section covers the provision of loan products to you.



21. Eligibility

21.1 You may ***** for a loan on the AdimsCredit App after you have ******** these Terms and ********** and the Privacy Policy. You hereby consent us to using information provided to us, **** your Equipment ** other databanks for the purpose of underwriting your loan application.


Your Loan Application

1. An application for the loan will ** made on the App *** upon a successful consideration of your loan application, the loan amount may be disbursed into your AdimsCredit Wallet or **** bank account.

2. If **** loan application is unsuccessful, you will be notified ** *** App and *** reasons *** the refusal may be provided to you ** the App. You will **** be informed if you are eligible to reapply for a loan. Please note that your loan application will be unsuccessful ** you have ********* on any past Loan.

3. AdimsCredit reserves the right (in its sole *** absolute discretion) to approve or decline to approve a Loan even if you have previously been issued with a Loan on the App. We reserve the right ** vary the terms ** any Loan ********* our assessment of the credit profile of each borrower from time to time. Notice of any changes to *** terms of *** existing loan will be communicated to you.

4. The ******* of your loan –principal amount, interest payable, repayment days, transaction fees etc will be made available to you on the App for every successful loan application. Please do not click continue if the approved terms are not acceptable to you.


Credit Reference Bureaus

1. In assessing **** loan application, we *** request your Personal Information, credit profile and credit related transactions from Credit Reference Bureaus in order to assess **** creditworthiness and ** assign you a credit score. *** confirm **** we may obtain such information from the bureaus and ******* ** the ********** and provision of such Personal Information to the bureaus.

2. As part of our regulatory obligations, we may share information ***** your loan transactions (including non con-compliance with the ***** and conditions ** this Agreement and defaults on any Loan) on the *** with Credit Reference Bureaus and regulators.


Your Rights and Obligations as a Borrower

1. As a borrower, you

  • undertake to repay all ******* including principal, interest including (default interest where applicable), fees, taxes, or any other ****** **** may be *** to us on the dates agreed using the repayment channels made available on the App;
  •  shall be held responsible for the repayment ** any Loan disbursed to you on the App;
  • ensure **** your card, Wallet ** bank ******** are pre funded on ** before *** repayment dates. You hereby authorise us to charge any ***** card or accounts listed against your name ** the App after unsuccessful attempts ** any of your account/cards. You shall **** indemnify ** for any charges or fees due in respect of failed or unsuccessful direct debits ** your **** accounts or cards.
  •  ***** not *** the proceeds of the **** for any illegal ** criminal activity including but not limited ** ***** laundering or ********* of terrorism.
  •  provide all necessary assistance that we may ******* for the collection or realisation of any outstanding amounts due **** *** to us.


INTEREST AND FEES

1. *** interest and where applicable, *********** Fees, due on your Loan ***** be displayed on the App. ** *** from time to time amend or vary the interest or Transaction Fees and unless otherwise stated, such changes will not be backdated. We will use ********** ********** ** notify you of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on *** App or on our website.

2. If you fail to make any payments due to AdimsCredit at *** due date for payment, *********** may apply default interest or penalties on such outstanding amount at a rate to be communicated to you.


DEFAULT ON LOAN

1. An event of default (Event of Default) occurs when:

2. You fail to pay any *** payable under a Loan in accordance **** a scheduled repayment;

3. Any representation/information, warranty or assurance made or given by you in connection with the application for a Loan or any information or documentation supplied by the Borrower is incorrect, inaccurate or misleading;

4. The Borrower does anything which may prejudice AdimsCredit’s rights under this Agreement;

5. You *** or attempt to use the *** or the Services for an unauthorised purpose;

6. *** Borrower is declared bankrupt, ********* or unable to pay his debts as **** fall due ***** the laws of the Federal Republic of Nigeria; or

7. You are in breach of any of the terms and ********** of this Agreement;

8. At any time after an Event of Default has occurred, *********** may, without ********* to *** other ***** ** remedy granted to it under any law:

9. ********* this Agreement;

10. Declare **** *** Loan (and all accrued interest and all other amounts outstanding) under this Agreement ** immediately due and payable, whereupon they shall ****** immediately due and payable;

11. ******* *** ****** to recover *** Loan by exercising *** such rights available to a lender under Nigerian *** including but not limited to *** set off rights in ****** 25.4 and 26 below, the right to assign *** Loan to collection agencies etc; and

12. Supply *********** concerning the Event of Default ** ****** Reference Bureaus. A copy of any *********** concerning you sent ** a Credit Reference Bureau shall be made available ** you upon written request.

13. AdimsCredit reserves the right to assign its right, title and interest in *** Loan and rights under the Agreement to an external collections ****** who **** take all reasonable steps to collect *** *********** Loan (together with any ******** *** fees accrued), and ** this regard, AdimsCredit shall have the ***** ** share with such collection agencies, any information about the Borrower (including transaction history, Personal Information, ******** Information) which it deems relevant.

14. AdimsCredit also ******** the right to institute legal proceedings for the recovery of the **** against you ******* *** prior notice.

15. *** Borrower shall be responsible for all legal costs *** expenses ******** by AdimsCredit ** connection with any enforcement action taken by AdimsCredit or *** ********** agency for the collection *** repayment of the **** (together with any interest or fees *** ** the Loan).

16. In the event that an Event of Default occurs, the Borrower grants ** AdimsCredit the right to notify the ******** and any other person who, in AdimsCredit’s opinion, may assist with the recovery of the outstanding **** amount. You ***** that this ************ may be **** by any means of communication which AdimsCredit deems appropriate.

17.Where any Loan ** any amount is *** and outstanding following the due date, You ********* us to set off any amounts *********** in your Wallets or Investment Account to ***** the outstanding loan amount without *** ***** notice to you.



Set Off

1. By signing this Agreement and by ******* on the Loan, You covenant to repay the loan as and when due. In the event that You fail to repay *** loan as agreed, *** the **** becomes delinquent, AdimsCredit shall have the right to report the delinquent loan to the CBN ******* the Credit **** management System (CRMS) ** by any ***** means and request the CBN to ******** its regulatory power to ****** all banks and other financial ************ under its regulatory ******* to set-off **** indebtedness from any money standing to my credit in any bank account and from any other financial assets they *** ** holding for **** benefit.

2. *** ******** and ******* that AdimsCredit ***** have power to set-off your indebtedness **** all **** monies and funds standing to your credit/benefit in any and all such accounts ** from *** other financial assets belonging to you and in the custody of any such bank or ********* institution.

3. You ****** waive any right of confidentiality whether arising under common law or statue or ** any other ****** ********** and *********** agree that you shall not argue to the contrary before any court of law, tribunal, administrative authority or *** other body acting in any judicial or quasi-judicial capacity.

 



 

PART C- INVESTMENT ACCOUNT

By signing up for *** Investment product, you authorise ** ** manage the funds placed with us by ourselves or through our fund management partners.

Before you authorise an Investment, *** summary of your proposed investment amount, Prevailing Rate, tenor, maturity date, Fees, taxes, **** be made available ** you on the App. Please do not ******* with the Investment if the terms are not acceptable to you.

You may **** **** Investment ******* ** using any of the funding methods on *** App *** you authorise us ** deduct the Investment Amount **** your Account for the purposes of effecting **** investment.


********* from **** ********** Account

1. *** may withdraw the funds ** your Investment Account on the maturity date or on any date before *** maturity date (Early Liquidation) subject to the account feature. Early Liquidation may ** subject to an early withdrawal fee if applicable. ***** ** no early withdrawal in our smart products where interest is paid upfront or where otherwise stated.

2. Requests for Liquidation **** be processed and your Investment Amount will be disbursed **** your Wallet promptly.

3. Unless we receive a Request from you ** liquidate an Investment, ** may roll **** *** Investment on the maturity date for the same tenor as the Investment placed with us.


 Fees

1. You agree to pay all *********** Fees in connection with the Investment as shall be notified to you through the App. Any changes to the Transaction Fees will be communicated to you within a reasonable time.

2. You authorise AdimsCredit to deduct from your ********** Amount, (without ********* to you) any Transaction *** and all other fees expenses and taxes, duties, *********** and expenses incurred in relation to your *** of the Services.


Disclosures

1. You have read, understood and agree to comply with these terms and conditions and any other specific terms and ********** necessary for the ********** as *** be ******* from **** to time.

2. You confirm that you have received all *** information to the Investment and, before accepting these terms and conditions for *** Investment, sought independent advice and clarification from persons ***** than AdimsCredit’s employees or agents. *** User further confirms that he *** provided with sufficient time ** ******** the ***** and conditions prior to *** acceptance of them.

3. All ********* earned on the funds in your Investment Account will be subject ** deduction at the prevailing tax rate.


Specific Disclosures

1. Your ********** is not ******* ***** a deposit insurance scheme.

2. AdimsCredit makes no ************** regarding the likelihood ** probability that any actual or proposed Investment will ** fact achieve a particular outcome or goal. You are advised to note that past or historic performances may *** be an accurate depiction ** future performance or returns.

3. You may be invited to make an Investment or customized Investment offers may be available to you on *** Account. You confirm that such invitations from us shall be not construed as ****** any recommendation ** investment advice of any kind whatsoever.

31.3 You are strongly encouraged to ******* your advisors (financial, tax *** legal advisers) ********** any ********** as Investments involve significant risks (including loss of the entire amount invested) and you should only enter into an Investment without an understanding of the risks. You should therefore ******** ******* investing is suitable for your financial condition and circumstance.

4. AdimsCredit disclaims and will not be liable for any indirect, incidental, consequential, special ** punitive ******* (********* **** of profits, opportunity cost of returns or ********** etc.) arising out ** your decision ** ****** ******* or not the circumstances surrounding such decision were made available to us.

 



 

PART D - Wallets

Funding and Transfer out of your Wallet

1. Once you open your Wallet, you will be assigned a Nigeria Unified Banking Account Number (“NUBAN”). The NUBAN will be required when you or a third party wants to fund your Wallet. Save for any limits that *** applicable to *** Wallets, your Wallet may be credited by transfers from other wallet ******* on the *********** App, through bank ********* to your Wallets ***** Account and by cards. Your Wallet may also be funded by AdimsCredit if your ******** loan ** disbursed into the Wallet.

2. You may transfer the funds in your Wallet to other wallets on the *********** App, and to any bank account with a ******** bank. You will be responsible for any processing charges and fees for the transfers to and **** your Wallets.

  • We *** not process your ******** or payment if:
  • if your instructions are unclear;
  • you **** insufficient funds;
  • there is a suspicion of criminal, fraudulent ** illegal activity on your AdimsCredit Account;
  • there is a suspicion ** unauthorised ****** on your AdimsCredit Account;
  • we (and/or our Partners) are legally restricted from completing the transfers;
  • it goes **** your payment ****** (where applicable);
  • your Wallet has been dormant for more than 12 months;

3.  We are prohibited or restricted from doing so in accordance with the payment system regulations or *** applicable law in Nigeria.

4. *** are responsible for ********* the correct details for the recipient of your transfers or payments. Where payments are made according to your ************ *** those instructions were wrong, but authorised, we **** work with our partners to assist you in ********** the amount if you notify us promptly. Where ** are unable to retrieve the payment, we will assist you with the relevant information in our ********** that *** may need to reclaim your funds.

5. You may be required to set a password to carry out transactions using the Wallets. When you enter your password to confirm a transaction, you confirm that we *** ***** *** transaction as having been authorised.

6. ********* amounts from your ****** may be treated as a Loan which ** immediately due and ********* to us. We also recover the Loan as we would under clause 25 above.


 

KEEPING YOUR WALLET SECURE

  1. It is your duty to keep your security information relating to your Wallet and the AdimsCredit App secure. Where you suspect that the ******** of your Wallet or **** Adimscredit ******* may have been compromised, you are required to inform us as **** as possible. Please change your ******** and any other security credential immediately. AdimsCredit will *** be ****** for transactions carried out where access to your Wallet has been *********** by you, ******* ** human interference outside of *** control.



 DEPOSIT ********* SCHEME

1. Funds in your ******* are covered under the Nigerian Deposit Insurance Scheme subject ** the ********** limits ******* by the Nigerian Insurance Deposit Corporation.



CLOSING YOUR WALLET

1. Where you inform us or we have reasonable grounds to believe that your Wallet has been hacked, we may close **** ****** and disable your access ** the Wallet. In this instance, we will notify you of the closure and also request the balance in your Wallet may be transferred to any bank account of your choice.

2. We may also close your Wallet in ********** with the AdimsCredit App’s ***** ** Use.



36. DISPUTES

1. Please notify us *********** you become aware of an ************ *********** on your ****** by contacting our customer solutions team. Failure ** do so may discharge us of any legal obligation to assist you.

 

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