The effective date of these Terms of Use and any ensuing updates or modifications is known as the date of promulgation.
3.1 You agree to read and understand these Terms of Use in their entirety by downloading, streaming, or creating an account with us. We reserve the right to amend these Terms of Use at any time. These agreements shall govern the use and functionality of the app and account.
3.2 You will be considered to have accepted these Terms of Use and to be bound by them after installing the App and clicking the "Accept" icon on our system.
3.3 You accept and agree to the Terms of Use, which govern how the account is used, by installing the application and creating an account. You further declare that any other legal or equitable rights we may have about the account are unaffected by this agreement.
3.4 These terms are subject to change at any time. By using the service going forward, you attest to your acceptance of these changes and their terms. You shall be informed of any changes in a way that is both appropriate and reasonable.
3.5 The application may occasionally receive improvements from the website. Depending on the update, you might not be able to use the service until you have downloaded or streamed the most recent version of the App and accepted any additional terms and conditions of these Terms of Use.
3.6 By using the App or any of the services, you agree that technical data about the mobile device and its related hardware, software, and accessories may be collected and used to deliver internet-based or wireless services. Our product and service offerings are improved by the use of this data. You give us, our affiliates, and licensees permission to transmit, collect, retain, process, and use your data in order to improve our service, your app experience, and/or our credit scoring services.
3.7 You specifically give us permission to contact you and your emergency contact, if they have consented, to confirm your details in the event that we are unable to reach you through other channels or if we have not yet received payment for the loan specified in this Clause 9.
4.1 Only people who are eighteen years of age or older are eligible for our service. To verify the legitimacy and present state of your mobile money account, we retain the right to get in touch with the relevant mobile money provider.
4.2 The application will let you know if your account application has been accepted. With the exception of any limitations and limits that may occasionally apply to your mobile money account, you hereby acknowledge and accept that the approval of your account application does not create a contractual relationship between you and the mobile money providers.
4.3 At our sole and final discretion, we have the right to reject or withdraw your loan application at any time, without giving you a reason or prior notice.
4.4 Based on our continuous assessment of your credit profile, we retain the right to accept, reject, or alter the terms of any loan. Each loan application's terms and interest will be shown on the form.
Every right is both reserved and granted.
6.1 You must create and keep up an account as an App user in order to access the system as a user.
6.2 Everything that happens on your account is your responsibility. It's you.
6.3 We reserve the right to limit or remove access to your account and/or the App's functionalities, in addition to our other rights and remedies:
7.1 By using the system, you give us the unalienable right to reply to any requests you send us or that you might believe are from you. You consent to being held accountable for any such behavior.
7.2 Regardless of whether you have already received a loan from us, we retain the right to deny any request you make in relation to a loan application.
7.3 If, in our sole discretion, we feel that the information may be addressed without your involvement, we may accept and act upon any incomplete or ambiguous request, regardless of the cause.
7.4 Even if the request was made, sent, or otherwise communicated in a dishonest or inaccurate way, we will still be deemed to have acted properly and met all of our responsibilities to you. As long as you gave us the required instructions, you will be responsible for our good faith responses to requests.
7.5 Until you give us more details or confirmation (whether in writing or not), we reserve the right to not act upon or comply with all or any portion of your request.
7.6 By granting us permission to fulfill all or part of your requests, you agree to release and indemnify us from any claims, losses, damages, costs, and expenses that may result from our failure to exercise the discretion that has been granted to us or from our fulfillment of your requests.
7.7 Regardless of whether your carelessness was the cause, you understand and agree that we will not be responsible for any unauthorized withdrawal, transfer, remittance, disclosure, activity, or incident on your account that results from your knowledge and/or use or manipulation of your account PIN, password, ID, or any other means. This complies with the maximum amount allowed under the relevant legislation.
7.8 In compliance with the applicable laws, we are permitted to fulfill any directives pertaining to your account that may be required by a court order, an organization, or a qualified authority.
Any requests you make will be superseded by these Terms of Use in the case of a dispute.
8.1 Since your mobile device is necessary to access the system and the service, you are in charge of keeping it safe and functional. This is your fault.
8.2 It is your duty to ensure that your mobile device is operating at its best. Specifically, we disclaim all liability for computer viruses and other problems that may occur when using the system, service, or mobile device. We also disclaim all liability for any errors or malfunctions that may occur when your device malfunctions. Any delays or losses brought on by the service provider that gives you network access are not our responsibility, and you are also responsible for any related costs.
8.3 A mobile device can be used to access the application. Making ensuring the app you downloaded is compatible with your mobile device is your responsibility. If the app isn't compatible with your device or you don't have the latest version loaded, we won't be held accountable.
8.4 You must promptly notify us and abide by our instructions if your mobile device is lost, stolen, damaged, or no longer in your possession and this affects our legal rights and/or remedies in any other way, including exposing your account information and credentials to a third party. If a third party obtains your login credentials and account information, we won't be held accountable. By using your login credentials and account information, you agree to indemnify us and hold us harmless from any potential losses.
8.5 Choosing a suitable internet and mobile plan and paying any fees your mobile service provider may charge for SMS, internet data, and phone costs are your responsibilities. You agree to pay for any related costs and usage, and you recognize that the system may use a significant amount of data while you are using it.
8.6 When using the system and the service, you must abide by all guidelines, policies, and instructions included in these Terms of Use and any other document we offer.
8.7 You are in charge of putting in place all the protections required to prevent any illegal usage of the system. Therefore, you or someone acting on your behalf must immediately check and confirm any correspondence we send. This will guarantee that any illegal use or access to the system will be detected. In the event of any of the following, you must notify us right away:
10.1 When you: By default, this event is started.
10.2 Following an ongoing event of default, we may, at any time, without limiting any other right or remedy that may be granted to us under applicable law:
11.1 Until they are terminated in line with their terms, these Terms of Use will remain in force.
11.2 We maintain the right, in whole or in part, to end these Terms of Use and to stop using the system, the service, and your account:
11.3 Should these terms of use be terminated or expire for any reason, you shall be responsible for:
11.4 However, neither party's rights nor responsibilities shall be affected by the termination.
11.5 Except for any supplemental clauses that are expressly or by their very nature intended to remain in effect after termination, the parties shall no longer be bound to uphold any rights or obligations specified in the Terms of Use. Regardless of any rights or responsibilities that each party may have accrued at the time of termination, these provisions will remain in force beyond the termination of the Terms of Use.
12.1 You agree by signing this document that we, our licensors, and each of these parties' Affiliates, as well as their officers, directors, members, employees, and agents, will be protected and held harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including legal fees and costs) resulting from or connected to:
12.1.2 The way you make use of the service or system, including:
12.2 If any of your mobile devices break down or if the service is interrupted or unavailable for any reason that is outside of our control, such as an error or force majeure, a system failure brought on by terrorist or enemy activity, a power outage, bad weather or atmospheric conditions, or a failure of any public or private telecommunications system, we will not be liable for any losses you may sustain.
12.3 The software is solely meant for individual use. You understand that the App is not meant for commercial, business, or resale purposes, and we disclaim all liability for any lost profits, business interruptions, or missed business opportunities.
12.4 You agree that we are not responsible for any damages or losses brought on by or associated with:
12.4.1 any flaw or problem that arises from your alteration or personalization of the application or any service; 12.4.2 any flaw or problem with the application that arises from your breach of these terms of use; 12.4.3 Clause 6 has been broken. 12.4.4 There is not enough money in your mobile money account. 12.4.5 You fail to give clear and sufficient instructions for any payments or transfers pertaining to your account; The system, your mobile device, the network, or a mobile money system malfunctions, fails, is unavailable, or is otherwise disrupted; Your account funds are the subject of a lawsuit or other legal action that restricts payments or transfers. 12.4.6 any misuse of the system, your mobile device, or the service that is dishonest or illegal; or 12.4.7 Your disregard for these terms of use and any guidelines or instructions we may have given you on how to use the system and the service.12.5 Regardless of the reason, we will not be held responsible for any indirect or consequential loss or damage of any kind that results from or is connected to the service, even if we are aware that such loss or damage may occur. Damages and losses are not covered by insurance.
12.6 To the extent allowed by applicable law and unless otherwise specified in these terms of use, our maximum aggregate liability with regard to the App, the system, the service, and/or these terms of use, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the service fees you paid us in connection with the first event giving rise to a claim under these terms of use.
12.7 Unless otherwise stated in these Terms of Use, you must notify us of any claims you may have against us regarding the App, the system, the service, or these Terms of Use within six (6) months of the incidents giving rise to such claims. To the fullest extent allowed by relevant law, you shall forfeit any rights and remedies you may have in connection with this claim if you do not comply.
12.8 We specifically exclude all responsibility for:
12.8.1 Problems with the communications infrastructure that are out of our direct control and could affect the timeliness or correctness of messages you send or the data you get via the app; 12.8.2 Any loss or disruption in the delivery of messages or content that you access and that arises from using a browser or other third-party software that is not under our control, or from using an Internet access service provider or mobile network service provider; 12.8.3 Viruses that could infect your mobile device or other property while you visit any of its content or use the app; 12.8.4 Any data or communication that is used or intercepted without authorization before it is received by the application or our servers; 12.8.5 To the maximum extent allowed by applicable law, we will not be responsible for any unauthorized use or access to the information we keep about you or your transactions, unless it results from our carelessness, wrongdoing, or a breach of the laws protecting personal data. 12.8.6 Any material derived from other sources.13.1 Links and references to other mobile applications or websites run and maintained by third parties ("Third Party Sites or Apps") may be included in the service or app. These links are meant to be a source of information that you might find interesting. We do not support or recommend any goods, services, information, concepts, or viewpoints that may be found on third-party websites or applications that we link to.
13.2 Regarding the accuracy, completeness, dependability, or appropriateness of the content of any third-party websites or applications, we offer no explicit or implicit representations or guarantees. We cannot ensure that any third-party application or website won't face copyright, trademark, or other infringement charges. We cannot ensure that any application or website owned by a third party is free of viruses or other infections.
13.3 You understand that websites and applications from third parties may have privacy practices that are different from ours and may offer less security. The choice to use or access any third-party website or application, as well as to buy or make use of any goods or services that are offered or promoted on the website, is entirely your responsibility.
By using the services, you agree to receive direct marketing communications from us. Please indicate in the relevant letter whether you would like to stop receiving marketing communications from us.
15.1 Unless your country's laws indicate differently, Nigerian law shall govern these Terms of Use (and any issues that may arise out of or relate to them, including any claimed infraction or challenge to the validity or enforceability of these Terms of Use or any part hereof). If so, these Terms of Use will be governed by the laws of your jurisdiction.
15.2 Unless otherwise stated in this document or otherwise agreed by the parties hereto, any disagreement, question, or dispute arising out of or related to these Terms of Use will be directed to a single arbitrator for ultimate determination. If no such agreement is achieved, the chairman of the Nigeria Branch of the Chartered Institute of Arbitrators ("Institute") may, instead, grant any party's request within seven (7) days of the other party informing the chairman of the disagreement.
15.3 In compliance with the Nigerian Arbitration and Conciliation Act, the arbitration will take place in Lagos, Nigeria.
15.4 To the greatest degree possible, the arbitrator's ruling will be legally binding on the parties.
15.5 Until the arbitrator renders a final decision or award, either party may file a complaint in any way to obtain interim or conservatory measures, or preliminary injunctive relief, from any court with the necessary authority.
16.1 Any delay or performance failure brought on by events outside of our reasonable control will not be our responsibility.
16.2 At no point may you divulge to any individual any sensitive information about our company operations, affairs, clients, customers, or suppliers.
16.3 You understand and agree that we may assign or transfer all or a portion of the creditor's rights to the loan at any time and without prior notice, at our sole discretion. The aforementioned Transfer will not impact your duties under these Terms. The application's instructions must be followed when making the payment.
16.4 At our sole discretion, we reserve the right to modify these Terms of Use. Although we will do our best to notify you of any material changes to the Terms of Use, you understand and agree that it is your obligation to regularly examine the Terms of Use. You will be considered to have agreed to these changes if you keep using the system and service.
16.5 Each party's rights and remedies under these Terms of Use are cumulative and do not supersede those granted by law. They have to be renounced clearly and in writing. A right is not deemed given up if it is not used or is not used straight away.
16.6 The parties have mutually agreed and understood all of the information contained in these Terms of Use, and they supersede any previous agreements or understandings regarding the subject matter. Additionally, any implied claims of authenticity are expressly disclaimed by the parties. Except as specifically stated in these Terms of Use or as inferred by applicable law, the parties have not relied on any statement, representation, guarantee, understanding, undertaking, promise, or assurance of any person in entering into these Terms of Use. With regard to any of the aforementioned, each party hereby absolutely and irreversibly gives up any rights, remedies, and claims that it would have had in the absence of this clause. Liability for fraud or any other liability that is forbidden by relevant law is not limited or excluded by these Terms of Use.
16.7 Without our prior written agreement, you are not permitted to assign, sublicense, transfer, sublet, or otherwise dispose of any of your rights or obligations under these Terms of Use. Unless otherwise required by applicable law, we may assign, sublicense, transfer, sublet, or otherwise deal with our rights or responsibilities under these Terms of Use at any time without prior notice or consent.
16.8 Even if a court or other authorized authority finds that any part of these Terms of Use is illegal, void, or unenforceable under applicable law, they will nonetheless remain in full force and effect. The relevant section of these Terms of Use will be substituted with a provision that, to the maximum extent feasible, is equivalent to the removed section and is lawful and enforceable.
16.9 A person who is not a party to these Terms of Use may not rely on or enforce any of their provisions.
16.10 To notify you, we may post a general notice on the App or the system, send an email to the address you supplied in your account, or do both. You can notify us by emailing xmonment@xloancredit.com .
16.11 Please send an email to xmonment@xloancredit.com with any questions or recommendations about the system or service.
When interacting with clients, whether or not they are in debt, all employees must constantly exhibit and convey professionalism and morality.
Whether in an attempt to collect loans or handle complaints, loan collectors, recovery agents, and customer service staff are not allowed to insult, abuse, degrade, defame, or threaten customers and their contacts in any way. Any employee who participates in any of the aforementioned activities is acting on their own initiative and will be responsible for the consequences of their choices.
In addition to any other pertinent laws and regulations that are presently in force in the Federal Republic of Nigeria, we are dedicated to making sure that all marketing materials and advertisements adhere to the Nigerian Code of Advertising Practice, which is overseen by the Advertising Practitioners Council of Nigeria. We also promise that every advertisement will be direct, truthful, and kind. These goods will also be made with a strong sense of social responsibility and in compliance with laws governing fair competition.
Unwanted telemarketing will not be used by us unless it is disclosed:
In interpreting the duties specified in this section, "billing" or "bill" refers to the Licensee's recording and processing systems.
21.1 We will make our complaint procedures available in a range of easily understandable media and forms. We will also release any further relevant material we find on a regular basis.
21.2 All relevant information about complaint procedures must be included, and the content must be easily understood.
21.3 We will create a complaint management policy that incorporates a wide range of efficient, approachable, and transparent complaint procedures in addition to providing Alternative Dispute Resolution (ADR).
21.4 We promise that customers may easily find out how to lodge a complaint.
21.5 Information about the consumer's right to file a complaint must be included in the specifications pertaining to the complaints handling procedures.
We will make sure that the processes in place for handling and receiving complaints don't deter customers from filing them. To handle concerns, the following protocol will be used: xmonment@xloancredit.com
Any disclaimer that appears in an advertisement will be understandable, we promise.
23.1 The advertisement's main goal and message are not in conflict with the disclaimer.
23.2 The wording of the disclaimer is clear and succinct, appropriate for the medium or format used; and
23.3 The target audience or recipient of the advertisement is identified.
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