|Company||NEWEDGE FINANCE LIMITED (NFL)|
|NITDA||means the National Information Technology Development Agency|
|Responsible Person||General Manager/Data Controller (Hong Jiang- 39 Ogunnusi road, Ogba, Lagos Nigeria)|
|Personal Data/Information||May be used interchangeably, this refers to full name, phone number, photo, date of birth, address, email address, next of kin information, phone contact details (for verifying identity) nationality, location of any individual requesting for our services|
|Effective Date||24th June, 2019|
|Data Subject||Any individual who requests for our services and who provides any form of information to NFL|
|Data Processing||the collection and manipulation of items of data to produce meaningful information|
|Data Domiciliation||NEWEDGE Database|
|Data Storage (Back-up and disaster recovery solutions)||Data stored in multiple zones, multiple backups, master-slave switching|
|Database Management System||means software that allows a computer to create a database, add, change or delete data in the database; allows data in the database to be processed, sorted or retrieved;|
|Archiving Policy||Data storage and archiving is done using Amazon Web Service (AWS)|
(1)In addition to the procedures laid down in this Regulation or any other instrument for the time being in force, your personal data shall be:
a)collected and processed in accordance with specific, legitimate and lawful purpose consented to by you (the Data Subject; provided that:
i.a further processing may be done only for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;
ii. we would not proceed with further data processing without your consent under the provision of this paragraph (b) and we shall not t- ransfer your personal data to any other person without your consent;
b)data processing by NFL shall be adequate, accurate and without prejudice to the dignity of human person;
c)your data shall be stored only for the period within which it is reasonably needed ( depending on regulatory requirements this is us- ually a period of 5 years after your last business relationship with us and
d)your data shall secured against all foreseeable hazards and breaches such as theft, cyberattack, viral attack, dissemination, manipula- tions of any kind, damage by rain, fire or exposure to other natural elements.
(2)NFL owes you a “duty of care” as to possession, archiving, referencing your personal data ;
a.This policy applies to all personal data processed by NEWEDGE FINANCE LIMITED (NFL).
b.The Responsible Person shall take responsibility for NEWEDGE FINANCE LIMITED’s ongoing compliance with this policy.
c.This policy shall be reviewed at least annually.
d.NEWEDGE FINANCE LIMITED shall ensure compliance and liaise with the Data Protection Ccompliance Organization (DPCOs) under National Information Technology Development Agency as an organisation that processes personal data for the third party audit if and when the need arises .
a.To ensure its processing of data is lawful, fair and transparent, NEWEDGE FINANCE LIMITED shall maintain a database Management System.
b.The database management system shall be reviewed at least annually.
c.All data subjects have the right to access their personal data and any such requests made to NEWEDGE FINANCE LIMITED shall be dealt with in a timely manner.
a.All data processed by NEWEDGE FINANCE LIMITED has been done on the following lawful basis: consent, contract, legal obligation, vital interests, public task or legitimate interests of the General Data Protection, 1999 constitution of the Federal Republic of Nigeria and Section 37 and the National Information Technology Development Agency (NITDA act ) of 2007.
b.NEWEDGE FINANCE LIMITED shall note the appropriate lawful basis in NITDA Act 2007
c.Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
d.Where communications are sent to data subjects based on their consent, the option for the data subjects to revoke their consent should be clearly available i.e through via a click of a button and NFL must ensure that systems are in place to ensure such revocation is reflected accurately in it’s systems.
a.NFL shall ensure that personal data received and processed from its Data Subjects are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
b.NFL shall ensure that personal data received and processed from its Data subjects shall be used for the purpose of accessing loans and for direct marketing of company’s products. Employee data shall be used for the purpose of employee relation and Human Resources records only.
a.NEWEDGE FINANCE LIMITED shall take reasonable steps to ensure personal data received from data subject is accurate, this might require requesting further access to devices and other means of verification of data received.
b.Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date-this might require additional requests for specific information from data subject.
a.The right to be informed about how the data that they provide will be used.
b.The right of access to their personal data and how it is processed.
c.The right to rectification if the data held is inaccurate or incomplete
d.The right to erasure - or ‘the right to be forgotten’ – data subject can request that their personal data be deleted
e.The right to restrict processing - where just enough information about data subject is held but not processed
f.The right to data portability so data subject can obtain and reuse their personal data for their own purposes across different services
g.The right to object to processing in the form of profiling for instance, direct marketing and processing for purposes of scientific/ historical research and statistics.
a.To ensure that personal data is kept for no longer than necessary, NEWEDGE FINANCE LIMITED shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
b.The archiving policy shall consider what data should/must be retained, for how long, and why.
a.NEWEDGE FINANCE LIMITED shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
b.Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
c.When personal data is deleted this should be done safely such that the data is irrecoverable .
d.Appropriate back-up and disaster recovery solutions shall be in place.
e.Access to data subject shall be in accordance to actual need (see data administration and purpose-6), and shall not be release to unauthorized persons or third party without the necessary approval.
2. This Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. The Policy also describes your rights regarding our collection, use, storage, sharing, and protection of your personal information.
3. By clicking on the button labelled “Sign Up” below and proceeding to use the App or access any of the Services (as defined below), on the App, you confirm that you have read, understood and accept the terms of this Policy as set out hereunder. You also expressly consent to the collection, use, storage, processing and disclosure of your personal information in the manner set out in this Policy and the Terms and Conditions.
4. We may amend this Policy at any time by publishing the amended terms on the App. All amended terms shall automatically become effective on the day that they are published on the App. Additionally, we may notify you of such amendments via the App’s inbuilt messaging platform.
5. For the purposes of this Policy, the term “Services” shall be defined as any form of services or products that NFL may offer you via the App and which you may from time to time subscribe to.
6. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.
(i)Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include anonymous information that does not refer to a specific user.
(ii)We may collect and process the following types of personal information in order to provide you with access to our App and the Services:
•personal data such as name, age, email address, phone number, physical contact information, personal description, photograph, username, password, other registration information and (depending on the service used) sometimes financial information, such as Bank Verification Number, credit card or bank account numbers;
•transactional information based on your activities on the App (such as products or service purchased, content you generate or that relates to your account), billing, and other information you may have provided in connection with your orders;
•personal information you provide to us through information pages, correspondence, chats, complaints, customer service channels, or provided to us from other social applications or services;
•additional personal information we ask you to submit as part of our verification process (for example, we may ask you to send us an identification document or utility bill to verify your address, or to answer additional questions online to help us verify your identity);
•other supplemental information obtained from third parties such as demographic and navigation data, credit check information, and additional information about you from a credit bureau, as permitted by law;
•information from your interaction with our App, services, content and advertising, including, but not limited to, device ID, device type, unique device identifiers; geo-location information, computer, operating system and connection information, statistics on page views, IP address and standard web log information;
•information stored on your device, including contact lists, call logs, SMS logs, Facebook friends, contact lists from other social media accounts, photos, videos or other digital content;
•details of any of your visits to the App; including, but not limited to, traffic data, location data, weblogs and other communication data.
(iii) This information may be provided or collected by:
•filling in forms on the App;
•corresponding with us (for example, by e-mail or chat);
•registering to use the App;
•subscribing to any of our Services;
•sharing data via the App’s social media functions;
•entering a competition, promotion or survey;
•reporting an issue with the App or our Services.
(iv) To comply with local KYC policy(authenticity or effectiveness or completeness of any client's identity materials), we may dial someone in your contact list, SMS, call list or other personal information you provide to us. During the verification，we will not leak your personal information to others.
(i) We may use mobile tracking technologies and/or cookies to distinguish you from other users of the App. This helps us to improve the user experience on the App.
(ii) While you are free to decline our cookies if your browser permits, please note that doing so may interfere with your use of some of our Services.
(iii) Please also note that:
•most cookies are "session cookies" meaning that they are automatically deleted from your hard drive at the end of a session;
•you may encounter cookies from third parties, which are cookies from our service providers, that we have allowed on our App that assist us with various aspects of our App operations and services;
•you may also encounter cookies from third parties on certain pages of the App that we do not control and have not authorised (for example, if you view a web page created by another user, there may be a cookie placed by that web page).
(i) Our primary purpose in collecting personal information is to provide you with access to our App and our Services, and provide you with a smooth and efficient experience. You agree that we may use your personal information to:
•calculate your credit limit and decide the amount that NFL may provide to you as a loan;
•provide you with access to the App, the Services and any customer support that you may request;
•resolve complaints and disputes, collect fees, and troubleshoot problems;
•prevent, detect, and investigate prohibited or illegal activities, and enforce our Terms and Conditions;
•customise, measure, and improve our contents, advertising and Services;
•inform you about our Services, deliver targeted marketing, service updates, and promotional offers based on your communication preferences;
•compare information for accuracy, and verify it with third parties;
•contact you using the telephone numbers you have provided as authorised by our Terms and Conditions;
•provide you with other services requested by you as described when we collect the information.
(ii) We may associate any category of information with any other category of information and may treat the combined information as personal information in accordance with this Policy for as long as it is combined.
(i) We may disclose personal information in order to respond to legal or regulatory requests, enforce our policies, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
(ii) We may disclose your personal information to any member of our group (which means our subsidiaries, affiliates, our holding company and its subsidiaries) in order to provide joint content and services (for example, customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services, sites, applications, tools and communications. These entities may use this information to send you marketing communications and you may unsubscribe from their mailing list.
(iii) We may also disclose your personal information:
•to third parties in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
•to law enforcement agencies, governmental agencies, or other authorised third parties if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; (for example, a request relating to a civil or criminal investigation or alleged illegal activity or any other activity that may expose you or NFL to legal liability);
•to third parties in order to enforce our Terms and Conditions and other agreements or to investigate potential breaches; or for the purpose of publishing statistics relating to the use of the App, in which case all information will be aggregated and made anonymous;
•to third parties to whom you explicitly ask us to send your information (or about whom we explicitly notify you and obtain your consent before sending your information to such third parties;
•to credit bureaus. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
(iv) Save in compliance with an order of a Court, an Arbitral Panel, a Tribunal, an investigatory panel, or any other legal or regulatory obligation, we do not disclose information about identifiable individuals to other parties, but we may provide them with anonymous or aggregate information about our users.
(i) The data that we collect from you may be transferred to, and stored at, a destination outside Nigeria. It may also be processed by staff operating outside Nigeria, who work for us or for one of our suppliers. These staff members may be engaged in the fulfillment of your requests on the App or the provision of Services to you. By submitting your personal data, you agree to the collection, transfer, storage or processing of your personal data in the manner set out above. We will take all steps reasonably necessary to ensure that your data is treated, stored and processed securely and in accordance with this Policy.
(ii) Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
(iii) We expect that the personal information that you provide to us is accurate and up to date, and we will provide you with the opportunity to update your information through your account profile settings. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms and Conditions and take other actions permitted by law.
(i) We will use your data for the purposes of compiling statistics relating to our user base and may disclose such information to any third party for such purposes, provided that such information will always be anonymous.
(ii) Should we wish to use your personal information for marketing purposes, we will inform you prior to such use. You shall be entitled to prevent such usage by informing us, within 3 days of being informed of the proposed use, that you do not wish to disclose such information in this manner. You can also exercise this right at any time by contacting us at email: firstname.lastname@example.org. This does not, however, preclude us from using your information as part of anonymous or aggregate information for our marketing purposes.
A. Please carefully read and understand these Terms and Conditions (“T&Cs”) [and any amendments made thereto from time to time by NEWEDGE FINANCE LIMITED (“NFL”)] before accessing the App or making use of any of the Services.
B. By accessing the App or requesting / using any of the Services, you agree to be bound by the T&Cs below.
D. These T&Cs are subject to change without notice, from time to time in our sole discretion and your continued use of the App and the Services constitutes your agreement to be bound by the terms of any such amendment or variation. All amendments and variations to these T&Cs shall be posted on the App.
E. These T&Cs and any amendments or variations made thereto shall take effect on their date of publication. You are responsible for being familiar with the current version of the T&Cs posted on the App each time you access the App.
F. The use of the App may be monitored, tracked and recorded. Anyone using this App expressly consents to such monitoring, tracking and recording.
G. If you do not agree with these T&Cs or any portion thereof, please do not use this App or any of the Services.
H. You shall be deemed to have agreed and accepted these T&Cs once you click the “Sign-up” button immediately below these T&Cs. If you do not agree with these T&Cs, please do not click the “Sign Up” button on the App. Please note that you will not be able to access the Services if you decline the T&Cs.
“App” means the Easybuy mobile application owned and operated by NFL.
“Credentials” means your personal credentials used to access the App, including but not limited to your username, password and personal identification number (“PIN”).
“GPS” means Global Positioning System.
“Services” means any form of financial services or products that NFL may offer you via the App and which you may from time to time subscribe to.
“Service Provider” means your financial institution, credit bureaus, mobile network operators and any other information bank available to NFL in Nigeria. The term may be construed to mean any or all of the above entities, as the context may require.
“SMS” means Short Messaging Service.
“Transaction Fees” includes any fees and charges payable for the use of any of our Services as published by NFL on the App or by such other means as NFL shall in its sole discretion determine.
“NFL”, “we” or “us” means NEWEDGE FINANCE LIMITED.
“You” or “User” means the person that intends to access the App, request for and receive the Services.
2.1 This App is owned and operated by NFL. NFL is a private limited liability company incorporated under the Laws of the Federal Republic of Nigeria.
2.2 Subject to you agreeing to abide by these T&Cs, we hereby grant you a revocable, non-transferable, non-exclusive licence to use the App and the Services. Except as expressly stated in these T&Cs, the App and the Services are for your personal and non-commercial use. We reserve all other rights. The App, or any portion of the App, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without our express written consent.
2.3 Except as expressly stated in these T&Cs, we do not grant you any rights in or to our intellectual property or that of any other party in the App. The licence granted in this section is subject to your compliance with these T&Cs. In the event that you breach any provision of these T&Cs, your rights under this section shall immediately terminate.
2.4 The works of authorship contained in this App, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by NFL or one of its affiliates.
3.1 You shall not engage in any activities related to this App that are contrary to applicable law, regulation or the terms of any agreements you have with us.
3.2 In circumstances where locations of this App require identification for access, you shall establish commercially reasonable security procedures and controls to limit access to your password, PIN or other identifying information to authorised individuals.
3.3 You shall not use the App or any of the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any related operating system.
3.4 You shall not infringe on NFL’s intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by these T&Cs).
3.5 You shall not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.
3.6 You shall not use the App or any Service in a way that could damage, disable, overburden, impair or compromise NFL’s systems or security or interfere with other users.
3.7 You shall not use any automatic device or manual process to access our Services or to monitor or copy our web pages, data or the content contained in this App or for any other unauthorised purpose without our prior expressed written permission.
4.1 The App and the Services offered by NFL can only be utilised by persons over the age of 18 and only for the purpose of accessing our Services.
4.2 The materials and information posted on the App may be printed for your use, provided, however, that they may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the internet or via any other electronic means of access.
4.3 The information on the App, including research, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
4.4 NFL reserves the right to decline your request for any of the Services or to revoke the same at any stage at NFL’s sole and absolute discretion and without providing any reason or giving any notice thereto.
4.5 NFL reserves the right (in its sole and absolute discretion) to provide, refuse to provide any of the Services and/or vary the terms of the provision of any Service depending on its assessment of your credit profile from time to time.
4.6 You agree to and shall release from and indemnify NFL against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to NFL having acted (or failing to act) in accordance with the whole or any part of any of your requests for a Service.
4.7 You shall not at any time operate or use the App or any of the Services in any manner that may be prejudicial to NFL.
4.8 You are strictly prohibited from unauthorised use of our systems or this App, including but not limited to unauthorised entry into our systems, misuse of passwords, or misuse of any information posted to this App.
6.1 You hereby agree and authorise NFL to conduct background checks and verify personal information provided by you on the App or in connection with your use of any of the Services against the information held about you by any relevant Service Provider.
6.2 The information that NFL may verify against the information held by the Service Providers includes (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and such other information that will enable NFL to identify you (the “Personal Information”). You must provide complete and accurate information as part of the registration and service process.
6.3 You hereby agree and authorise NFL to access and verify information on your device including, but not limited to, data relating to your phone (including, without limitation, your phone’s history), your device identification, the GPS on your device, your application list, your contact list(NFL has right to alarm contacts to declare the loan if you are late with your payment), your call history, your SMS history and such other information as NFL shall require for purposes of providing you with the Services (the “Relevant Information”).
6.4 You hereby consent to NFL obtaining and verifying the Personal Information and the Relevant Information with the Service Providers and using the Personal Information and the Relevant Information to the extent necessary to provide the services or to enhance your experience on the App.
6.5 You hereby agree and authorise NFL to obtain and procure your Personal Information and Relevant Information from the relevant Service Provider and you further agree and consent to the disclosure and provision of such Personal Information and Relevant Information by the Service Provider.
6.6 You further agree to indemnify and hold NFL and the Service Provider harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
6.7 You hereby agree and authorize NFL to send promotional information and materials from time to time, either by mail to your contact address, email, SMS, Whatsapp or Facebook. This authorization shall survive during the term of the service and after termination of the service for any reason.
6.8 NFL reserves the right to request for further information from you pertaining to your use of the App and request for any of the Services at any time. Failure to provide such information within the time required by NFL may result in NFL declining to provide you with the relevant Service.
6.9 NFL reserves the right to supply consumer credit information and information about you to credit bureaus. You acknowledge that information on your non-compliance with these T&Cs may be transferred to credit bureaus; and the credit bureaus may provide NFL with a credit profile and credit scores based on your creditworthiness.
7.1 You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this App and receive the Services (the “Devices”).
7.2 You shall be responsible for ensuring the proper performance of your Devices. NFL shall neither be responsible for any errors or failures caused by any malfunction of your Devices, nor shall NFL be responsible for any computer virus or related problems that may be associated with the use of the App, the Services and your Devices.
7.3 You shall follow all instructions, procedures and terms contained in these T&Cs and any document provided by NFL concerning the use of the App and the Services.
7.4 You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Devices and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorised person. NFL shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold NFL harmless from any losses resulting from any disclosure of your Credentials.
7.5 You shall take all reasonable precautions to detect any unauthorised use of the App and the Services. To that end, you shall ensure that all communications from NFL are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the App will be detected. You shall immediately inform NFL in the event that:
(a) you have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised;
(b) you have reason to believe that unauthorised use of the Services has or may have occurred or could occur and a transaction may have been fraudulently initiated or compromised.
7.6 You shall at all times follow the security procedures notified to you by NFL from time to time or such other procedures as may be applicable to the use of the App and the Services from time to time. In particular, you shall ensure that the Services are not used by anyone other than a person authorised to do so.
8.1 NFL may at any time, upon notice to you, terminate or vary your use of the App and access to any of the Services and, in particular, but without prejudice to the generality of the foregoing, NFL may cancel credits which it has granted to you and require the repayment of any outstanding debts resulting from the grant of such credit within such time as NFL may determine.
8.2 Without prejudice to NFL’s rights under clause 8.1 above, NFL may, at its sole discretion, suspend your use of the App or any of the Services:
(a) if you use the App or any of the Services for unauthorised purposes or where NFL detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the App and the Services;
(b) if NFL is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
(c) if NFL reasonably suspects or believes that you are in breach of these T&Cs which you fail to remedy (if capable of being remedied) within 48 hours after the service of notice by email, SMS or other electronic means requiring you to do so;
(d) where such a suspension is necessary as a consequence of technical problems or for reasons of safety; to facilitate an update or upgrade to the contents or functionality of the Services or the App from time to time;
(e) if NFL decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.
8.3 Termination shall not affect any accrued rights and liabilities of either party.
9.1 Access to this App or the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
(a) hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
(b) software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
(c) overload of system capacities;
(d) damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
(e) interruption (whether partial or total) of power supply or other utility of service;
(f) strike or other stoppage (whether partial or total) of labour;
(g) governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention;
(h) failure of any public or private telecommunications system;
(i) any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
9.2 If access to this App or any of our Services is unavailable, delayed or limited, or if this App does not operate quickly and efficiently, you may be unable to transmit your instructions relating to any of the Services, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. While NFL will aim to minimise service interruptions, NFL shall not be liable for any such loss or damages incurred due to any interruption or disruption to the provision of the Services or your access to the App.
10.1 The App (including all information and materials contained on the App) is provided on an "as is" basis.
10.2 We may discontinue or make changes to the information, products or services described on the App at any time without prior notice to you and without any liability to you. We do not undertake any obligation or responsibility to update or amend any information on this App. We reserve the right to terminate any or all products or services offered on the App without prior notice to you. Where there are changes to any Service which may affect you, we will notify you of such changes using the inbuilt messaging platform on the App.
10.3 NFL shall not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in this App, any incompatibility between the App and the User's files and the User's browser or other site accessing program, or any other problems experienced by the User due to causes beyond our control.
10.4 NFL does not warrant the accuracy, adequacy, or completeness of the information and materials contained on the App and expressly disclaims liability for errors or omissions in such materials and information.
10.5 NFL only provides the Services for individual use, and small and medium business financing needs, and we shall not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your unauthorised use of the Services.
10.6 NFL shall not be liable for any losses or damage suffered by you as a result of or in connection with:
(a) any fraudulent or illegal use of the Services, the App and your Devices;
(b) your failure to comply with these T&Cs and any document or information provided by NFL concerning the use of the App and the Services.
10.7 If for any reason other than a reason mentioned in clause 9.1, the Services are interfered with or unavailable, NFL’s sole liability under these T&Cs shall be to re-establish the Services as soon as reasonably practicable.
10.8 Save as provided in clause 10.7 above, NFL shall not be liable to you for any interference with or unavailability of the App or the Services, howsoever caused.
10.9 Under no circumstances shall NFL be liable to you for any loss of profit, opportunity or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the use of, inability to use, or disruption to the App or any portion thereof; or the provision of the Services.
11.1 If you wish to contact NFL in writing, or if any condition in these T&Cs requires you to give notice to NFL, you can send this to us by e- mail to Palmcredit.email@example.com or to such e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by e-mail.
11.2 If we have to contact you or give you notice in writing, we will do so by posting such notice on our App; or by e-mail or SMS to the mobile phone number or e-mail address you provide to us when you register on the App.
12.1 No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by these T&Cs or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other, right, power or remedy.
12.2 If any provision or part of a provision of these T&Cs shall be, or be found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these T&Cs, all of which shall remain in full force and effect.
12.4 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&Cs. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these T&Cs.
NFL and the User shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with these T&Cs or the use of the App.
13.2.1 Subject to the provision of clause 13.1 above, any dispute, difference or question whatsoever and howsoever arising out of or in connection with these T&Cs, save as specifically provided herein, 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.
13.2.2 The Arbitral tribunal shall comprise one (1) arbitrator to be appointed jointly by the Parties failing which the arbitrator shall be appointed by the Chairman for the time being, of the Chartered Institute of Arbitrators UK (Nigeria Branch).
13.2.3 Such arbitration shall take place in Nigeria; and to the extent permissible by law the determination of the arbitrator shall be final and binding upon the parties and shall not be subject to any appeal.
13.2.4 Nothing in this clause 14.2 shall restrict either party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.