Terms of Use

This Privacy Policy includes important information about your personal data and we encourage you to read it carefully.

Last updated: October 22, 2023

  1. 1. Terms of Use

    Definition

    • In this T&C, the following words shall have the following meanings:-
    • “User”          refers to the person who accesses and uses the Platforms.
    • “Third Party Service Providers”          refer to third party entities whose products and services are accessible through the Platforms.
    • “We” “Us” “Our”          refers to Africa Fintech Limited.
    • “You” “Your”           refers to the User.

    All products and services provided on the Platforms are subject to the terms and conditions of the applicable agreements governing their use. This T&C is meant to regulate your access to the Platforms and it should be read together with the applicable terms and conditions governing any transaction(s), product(s) and or service(s) provided onthe Platforms (as may be issued by the respective named service providers).

  2. 2. Use of Material

    The contents of the Platforms, including but not limited to text, artwork, names, logos, trademarks, service marks, software, video, music, sound, photographs, graphics, illustrations and other material (the “Materials”) are protected by the applicable copyright laws. You may only access and use the Platforms, or any of the information or Materials provided on the Platforms in a lawful manner. We authorize you to view and download a single copy of the Material on the Platforms solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any non private, public or commercial purpose without our prior written consent. If you violate any of the provisions of this T&C, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

  3. 3. Privacy Policy

    We are committed to managing your Personal data according to applicable laws and international best practices. Please read our Privacy Policy to understand how we use your personal data and the measures we have in place to protect your personal data.

  4. 4. Acceptable Use Policy

    You are solely responsible for complying with all applicable laws relating to your use of the Platforms. By accessing the Platforms, you agree to comply with this T&C and our Acceptable Use Policy, which is accessible via our Acceptable Use page.

  5. 5. Intellectual Property Rights

    The Materials and content accessible from the Platforms as well as all trademarks, service marks, and logos displayed on the Platforms is the proprietary information and valuable intellectual property of AFL or the Third Party Service Providers or other parties that provided the Materials to AFL. AFL retains all right, title, and interest in the Materials. Accordingly, the Materials may not be modified, copied, distributed, broadcast, displayed, licensed, transferred, republished, uploaded, posted, sold commercially or transmitted in any way without the prior written consent of AFL or the relevant Third Party Service Provider except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of the Materials. Modification or use of the content except as expressly provided in this T&C violates AFL’s intellectual property rights and you may be in breach of statutory or common law rights which could be the subject of legal action. Neither license, right, title nor intellectual property rights are transferred or granted to you by access to the Platforms. All contents included on the Platforms, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software are the properties of AFL or its content suppliers or the respective named Third Party Service Providers and are protected by applicable copyright and trademark laws.

    AFL disclaims all liability which may arise from any unauthorized reproduction or use of the contents of the Platforms.

  6. 6. No Warranties

    You expressly agree that use of the Platforms or any Materials contained on the same is at your own and sole risk. The materials and information on the Platforms, including but not limited to services, products, information, data, text, graphics, links or other items, are provided by AFL on an “as is” and “as available” basis. References to material and information contained on the Platforms include such material and information provided by third parties.

    We do not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement of proprietary or third party rights, merchantability, usefulness, operation, completeness, timeliness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Platforms, the material, information and or functions therein and we expressly disclaim liability for errors and omissions in such materials, information and or functions. Without derogation of the above and or the terms and conditions of the applicable agreements governing all the products and services offered on the Platforms, we will takereasonable measures to ensure the validity of all information relating to transactions and products offered on the Platforms.

    We try to keep the Platforms available, bug-free and safe. However, you use the Platforms at your own risk. Further, we do not warrant or represent that access to the whole or part(s) of the Platforms, the materials, information and or functions contained in the same will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You understand and agree that any material and or data downloaded or otherwise obtained through the use of the Platforms or any of the materials contained in the same is done at your own discretion and risk. If your use of the Platforms or the Material results in damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and you will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third-party material.

    The materials, information and functions provided on the Platforms shall not under any circumstances be considered or construed as an offer or solicitation to sell, give, issue or as the giving of any advice in respect of any form of investment or other securities, loans, or deposits in any jurisdiction. You shall be responsible to evaluate the quality, adequacy, timeliness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Platforms; further you should seek professional and or legal advice at all times and obtain independent verification of the materials and information provided on the Platforms prior to making any investment, business or commercial decision based on any such materials or information.

    No advice or information, whether oral or written, obtained by you through the Platforms or from AFL or its suppliers (or the respective officers, directors, employees, or agents of any such entities) shall create any warranty.

  7. 8. Violation of Terms and Conditions

    If, in our sole discretion, we believe that you may have engaged in any violation of this T&C, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to us and any impacted third parties and to ensure compliance with this T&C. Such actions may include, without limitation:

    • Suspending, restricting or terminating your access to and use of the Platforms and the services available on the same;
    • Terminating our business relationship with you, including termination without liability to AFL of any service agreement between you and AFL;
    • Taking legal action against you;
    • Contacting and disclosing information related to such violations to law enforcement or regulatory agencies and other third parties that may have been impacted by such violations; or
    • Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
  8. 9. Limitation of Liability

    In no event shall AFL or its directors, employees, licensors, agents, suppliers or service providers be liable to you or any other third party for any loss or damages howsoever arising whether in tort, contract, negligence or any other basis including but not limited to special, indirect, incidental, consequential, exemplary or punitive damages, damages for loss of profits, revenue, or good will, which may arise from your use or any person’s use, access, misuse or inability to use the Platforms or any links to third party websites or any of the Materials contained therein, reliance on the information contained on the Platforms, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, even if we have been advised of the possibility of such damages. AFL shall not be liable for any damages whatsoever (direct or indirect) in respect of access to and use of the Platforms. In any event, AFL will not be liable for any damages more than the amount of the transaction, which is the subject of any claim.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above provisions of limitation of liabilities and exclusion of warranties may not apply to you. To the extent that we may not as a matter of applicable laws disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable laws.

  9. 10. Indemnity

    You hereby irrevocably agree to defend, indemnify, and hold harmless AFL, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Platforms or any of the Materials contained therein, or your breach of any of the provisions in this T&C or any intellectual property right or proprietary right infringement claim made by a third party against AFL in connection with your use of the Platforms. We shall promptly notify you of any such claim, proceeding or suit, and you shall be responsible for its defense at your expense. AFL may participate in the defense of such claim or defense but are not obligated to do so.

  10. 11. Force Majeure

    We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, epidemics, pandemics or any failure of a computer, server or software, for so long as such event continues to delay our Platforms performance.

  11. 12. Severability, Non-Waiver and Entire Agreement

    If any provision of this T&C is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this T&C, which shall remain in full force and effect. No waiver of any term of this T&C shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular web page, this T&C constitute the entire Agreement between you and us with respect to the use of the Platforms.

  12. 13. Updates, Modifications & Amendments

    We may need to update, modify or amend our T&C as our technology evolves. We reserve the right to make changes to this T&C at any time by giving notice to you on this page.

    We advise that you check this page often, referring to the date of the last modification on the page. If you object to any of the changes to this T&C, you must cease using the Platforms and or services immediately.

  13. 14. Governing Law and Jurisdiction

    This T&C and all matters arising out of or relating to this T&C shall be governed by and are to be construed in accordance with the laws of the Federal Republic of Nigeria.

    We shall make an effort to settle all disputes amicably. Any dispute arising out of this T&C, which cannot be settled, by mutual agreement within a period of one (1) month from the time such dispute arose shall be referred to arbitration by a single arbitrator at the Lagos Court of Arbitration (“LCA”) and governed by the Lagos State Arbitration Law 2009. The arbitrator shall be appointed by both of us (you and us). Where both of us are unable to agree on the choice of an arbitrator, the choice of arbitrator shall be referred to the Chairman of the Chartered Institute of Arbitrator, UK (Nigerian branch) on application by us or you. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the arbitration. Venue for the arbitration shall be Lagos, Nigeria.