TERMS AND CONDITIONS FOR BIDELLUS NIGERIA LIMTED

Transcription

1 TERMS AND CONDITIONS FOR BIDELLUS NIGERIA LIMTED 1. Introduction These Terms and Conditions apply to and regulate the provision of credit facilities advanced by Bidellus Nigeria Limited (hereinafter called "The Lender") to the Borrower herein. These Terms and Conditions constitute the Lender's offer and sets out the terms governing this Agreement. 2. Company Details Bidellus Nigeria Limited was incorporated in Nigeria with the Corporate Affairs Commission under the Companies and Allied Matters Act, with registration number: and Principal Office at Coconut Grove Apartments 4C, 1 Yesuf Abiodun Way, Victoria Island, Lagos, Nigeria. Bidellus Nigeria Limited is authorized to advance credit facilities to verifiable persons in LAGOS ONLY. By ticking the box I hereby confirm that I read the Terms and Conditions you confirm that you as a resident from Lagos are entitled to get credit facilities of Bidellus Nigeria Limited on the basis of your residence. 3. Definition In this agreement, the terms: "You", "your", "Customer", and "Borrower" mean the person who applied for this Account and agrees to this Agreement while "We", "us", "our", Bidellus and "Lender" shall mean Bidellus Nigeria Limited, and following an assignment, any person, company or bank to whom the rights and/or obligations of the Lender have been assigned Account means the Borrower s account with the Lender Disbursement Date means the date the Lender actually advanced the loan to the Borrower Payment Due Date means a maximum of 30 days after the loan has been given Micro Loan means the Loan which has been issued by Bidellus Nigeria Limited and the amount of which is not higher than N10, (Ten Thousend Naira maximum) and which has a repayment period of fourteen (14) days 1

2 Loan means the amount advanced to the Borrower by the Lender, which shall be no less than N1, (One Thousand Naira only) 4. Jurisdiction and Restriction. The materials and information contained in this section of this Website is directed at and restricted to individuals resident in or entities having a place of business in Lagos, Nigeria ONLY. The Lender makes no representation that the materials and information contained herein is appropriate or available for use in other locations / jurisdictions. These Terms and Conditions are governed by and construed in accordance with the laws of Nigeria. 5. Consent By ticking the "I agree to the Terms and Conditions", on the application form, which you hereby adopt as your electronic signature, you consent and agree that: a. You agree to access and use our site only for lawful purposes. You are solely responsible for knowledge of and strict adherence to any laws, statutes, rules and regulations now in force or later enacted at a future date. b. We can provide materials and other information about your legal rights and duties to you electronically. c. You are responsible for providing all hardware, software, telephone or other communication equipment and/or service to connect to the internet and access our Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet to access our Website. d. We are authorized to share, receive and use data/information collected from your transaction with other affiliated Third parties. e. Your electronic signature on agreements and documents has the same effect as if you signed them using ink on paper or any other physical means. 2

3 f. We can send all important communications, billing statements and demand notes and reminders (collectively referred to as Disclosures ) to you electronically via our website or to an address that you provide to us for while applying for this loan. g. You are agreeing and confirming that you do not reside in, or are not proposing to subscribe for our services from, any jurisdiction outside Lagos, Nigeria. h. You are solely responsible for any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password. i. You are expressing and confirming your irrevocable approval for direct debit by us from all bank accounts which you have. j. You are agreeing and confirming that you read our Privacy policy published on our website. k. You are declaring and confirming that your age is 18 years or above and your registered address is in Lagos. 6. Obligations i. LENDER S OBLIGATIONS - a. To make available the loan/credit facility to the Borrower of a figure not less than N1, (One Thousand Naira only) and not higher than N10, (Ten Thousand Naira maximum). b. To perform (a) above upon confirmation of the Borrower s identity and personal information. c. To demand repayment for the Borrower as and at when due. d. To verify the Borrower s details prior to opening an account for the Borrower. e. To use all reasonable and legitimate means to collect the amount extended to the Borrower, the overdue fee, the processing fee, the tax and any other penalty fee imposed on the Borrower as a result of the loan. 3

4 f. Not to store or save Borrower s debit or credit card details given by the Borrower in the application form. ii. BORROWER S OBLIGATIONS: a. Pay to us, on or before the due date, the loan sum, including any convenience, processing fee, tax, overdue or penalty fees,, and other amounts due to the Lender charged to this Account. b. The Borrower will be deemed responsible for any unauthorized application using this Account unless the Borrower notifies the Lender, in writing, of imminent fraud by another person on the Borrower s account within 24 hours of such fraud. c. To repay the loan given to you and/or to someone you authorized to use this Account via direct cash transfer to a bank account listed by the Lender, an electronic debit from the card/account you provided on the due date, or through an acceptable electronic channel. The Lender reserves the right to accept early repayment before the Payment Due Date, provided the Borrower has given adequate notice and repays full loan along with the processing fee and tax. Loan repayment via electronic debit card may be effected by the Lender in the way and manner hereinafter specified - The Lender shall charge a one-time processing fee the first time a Customer sets up a new debit card on the Account. In the event the card is expired or about to expire, you will have to obtain a renewed card from your bank or provide us with another personal debit card. - The Lender shall deduct from the card setup on the repayment due date. We will never make any transactions on the card outside of the scheduled loan repayments. In the event of a double repayment initiated in error by you, we will on a best effort basis process a refund within a reasonable time. - You hereby indemnify us against any and all losses, liabilities or damages that may arise in the event that you use a third party's card on your Account without the consent of such third party. - In the event of a default or insufficiency of funds in your bank account, you hereby authorize us to charge any other cards you may have on your Account or profile other than the primary card listed on an ongoing basis until the debt is settled. - You understand and agree that we do not store card details on our platform thus card details shall be processed through a secure payment gateway that is PCI DSS compliant. d. To give The Lender authentic and up-to-date personal, social media, phone and financial records about you that we may reasonably request and analyze, from time to time. 4

5 e. To pay all costs of collection if we take any action to collect this Account or take any action in a bankruptcy proceeding filed by or against you. This shall include, unless prohibited by applicable law, reasonable attorneys' fees and expenses incurred while collection lasts. f. Not to give us false information or signatures, electronic or otherwise, at any time. g. To pay an overdue fee or penalty fee as may be provided in this terms and conditions. h. To make all payments via direct debit on cards or by electronic funds transfer as stated in the application form. i. To promptly notify us if you change your name, your mailing address, your address or your telephone number. j. To honor any other promises that you make in this Agreement. k. That you will not accept this Account unless you are of legal age and have the capacity to enter into a valid contract. l. Not to use our Website for any act of illegality or criminality as we will not be criminally culpable for any illegality committed by you. m. To fill out the application form (as provided) with accurate information and details as required. 7. Charges/ Fees a. The Lender may charge processing fee and tax, overdue fee, penalty fee and in the event of any dispute arising from these Terms and Conditions, the cost of Litigation/Solicitors fees. 5

6 b. The Lender will charge a processing fee which is 14% of the loan amount and shall be up to N1, for the term of this loan. c. Processing fee may either increase or decrease from time to time, and adequate written notice will be sent to the Borrower on any change, thereof. d. Overdue fee is associated with late repayment, and it is 1% of the overdue capital, calculated on daily basis. 8. Repayment a. Borrower is expected to repay back the loan sum with additional fees on or before the due date. b. Borrower must repay through the repayment channels provided by us. The channels include: our partner s platform. 9. Event of Default In the event the Borrower fails to make any scheduled repayment in full on or before the payment due date, or in the event of any information or documentation given by the Borrower in connection with the application for this loan is later discovered to be materially incorrect: a. The Lender reserves the right to institute legal proceedings against the defaulting Borrower, and may issue demand letters to the Borrower, either electronically or to Borrower s physical address, before commencing proceedings. b. The Lender also reserves the right to assign its right, title and interest under the Agreement to an external Collections Agency who will take all reasonable steps to collect the outstanding loan amount and fees. 10. Notices: 6

7 The Borrower agrees that the Lender may communicate with them by sending notices, messages, alerts and statements in relation to this Agreement, either electronically or to Borrower's physical address. 11. Intellectual Property Rights: All contents of this Website including but not limited to the texts, graphics, links and sounds are the copyright of Bidellus Nigeria Limited and may not be copied, downloaded, distributed or published in any way without the prior written consent, in part or whole, of Bidellus Nigeria Limited, provided however, that you are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You also hereby agree that the Lender can share your information to third parties for any purpose it deems including, without limitation, the copying, distribution and publication thereof, unless restricted by applicable laws. 12. Use of Materials and Information: The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Bidellus Website and systems including but not limited to unauthorized entry into Bidellus' systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. All services are available ONLY in Lagos. Materials, information, marks and logos contained in or displayed on this Website are protected by intellectual property rights under applicable laws. No part of these material, information, marks and logos may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for any commercial or public purposes without the written permission of Bidellus Nigeria Limited. 13. Privacy Unless restricted by applicable laws, you agree that any and all personal data relating to you collected by the use from this Website may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with our Privacy Policy as amended from time to time. A copy of our Privacy Policy may be obtained by clicking here. 14. Links 7

8 THE WEBSITE MAY CONTAIN LINKS TO WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF BIDELLUS NIGERIA LIMITED). BIDELLUS HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEBSITE. BY CREATING A LINK TO A THIRD PARTY WEBSITE, BIDELLUS DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS BIDELLLUS LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. 15. Disclaimer WHILST EVERY CARE HAS BEEN TAKEN IN PREPARING THE MATERIALS AND INFORMATION CONTAINED IN THIS WEBSITE, SUCH MATERIALS AND INFORMATION ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. BIDELLUS NIGERIA LIMITED DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING NON-INFRINGEMENT, SECURITY, ACCURACY, RELIABILITY, FITNESS FOR A PURPOSE OR FREEDOM FROM COMPUTER VIRUSES IS GIVEN IN CONNECTION WITH SUCH MATERIALS AND INFORMATION. 16. Limitation of Liability UNDER NO CIRCUMSTANCE SHALL BIDELLUS NIGERIA LIMITED, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THIS AGREEMENT OR IN CONNECTION WITH THIS SITE OR ITS USE THEREOF OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BIDELLUS NIGERIA LIMITED OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 17. Indemnity 8

9 YOU HEREBY AGREE TO INDEMNIFY AND TO KEEP BIDELLUS NIGERIA LIMITED, ITS SUBSIDIARY, OR PARENT COMPANIES OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FULLY AND EFFECTIVELY INDEMNIFIED AGAINST ANY ACTION, LIABILITY, COST, CLAIM, LOSS, DAMAGE, PROCEEDING OR EXPENSE (INCLUDING LEGAL FEES, COSTS AND EXPENSES ON A FULL INDEMNITY BASIS) ARISING FROM OR WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, ANY BREACH OF THIS AGREEMENT, ANY OTHER POLICY, YOUR USE OR ACCESS OF THIS SWEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THIS WEBSITE, OR IN CONNECTION WITH THE TRANSMISSION OF ANY CONTENT ON THIS WEBSITE. 18. Termination of the Account a. We may terminate this Agreement at any time and for any reason subject to the requirements of applicable law. b. We may also terminate your Account in case of default in paying the loan sum and fees. c. We can terminate your Account by sending a written notice, either electronically to your address, phone number or to the physical address on your application. d. If there is no transaction on your Account for twelve (12) consecutive months, we may terminate this Account without notice to you. 19. Governing Law The Use of this website shall be governed by all applicable Laws of the Federal Republic of Nigeria. Bidellus Nigeria Limited's corporate offices are located in Lagos State ONLY. Thus, the Borrower hereby consents that in a case of any dispute whatsoever in connection with this Agreement, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria 9