Finaco Service Terms and Conditions

End User Services Agreement

Finaco operates a platform ("Finaco Platform") that provide features and functions for risk management, fraud prevention, documents and data management and regulatory compliance for use by operators in the informal financial services sector which include cooperative societies, lending groups and private lenders. Some of the services provided by the Finaco Platform are accessible and available to organizations or operators in the informal financial services sector as well as persons who are members of the organizations or operators that operate memberships or borrowers and persons that patronize the organizations or operators that do not comprise of members. Every organization, group or person accessing one or more services on the Finaco Platform are hereinafter referred to jointly or individually as the case may apply, as "Customer", "Customers" or "you".

This End User Services Agreement ("Agreement") is an agreement between you and Finaco Systems Limited ("Finaco", "we" or "us"). By accepting this Agreement or accessing my.finaco.com or your Finaco profile, you agree to this Agreement and certify that you have all necessary rights to do so. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree to this Agreement on behalf of the party that you represent. If you do not have the legal authority to bind your employer or the applicable entity, please do not accept this Agreement or access the features covered by this Agreement.

Finaco Platform Services

Finaco Platform services are primarily accessible through the my.finacodata.com internet address. A certified mobile application ("App") provided by Finaco also provide additional means of accessing Finaco Platform services. Your use of any App may be governed by additional or separate terms provided with the App.

Finaco Profile Creation

It is necessary for you to have a profile created on the Finaco Platform in order to use certain features of the Platform, including certain features of my.finacodata.com. You need to ensure that your information is accurate, complete and up-to-date. You must notify us if you learn of any unauthorized access to or use of your Finaco Profile.

Customer Responsibilities

You represent and warrant that you have all necessary rights to use the Finaco Platform, and you agree to comply with all laws and regulations applicable to your use, as well as any rules and guidelines that we post. You must not (1) use or access another customer's profile or related data, (2) submit information about any customer’s identity or financial data that violates any third-party rights or (3) use the Finaco Platform for any fraudulent, illegal or misleading purpose. You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to the Finaco Platform or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of the Finaco Platform, (c) rent, lease, provide access to or sublicense any elements of the Finaco Platform to a third party or use the Finaco Platform on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of the Finaco Platform or remove any of Finaco’s proprietary notices, (e) access the Finaco Platform for competitive purposes or publish any benchmark or performance information about the Finaco Platform, or (f) use the Finaco Platform in any manner that could damage, disable, overburden, or impair the functioning of the Finaco Platform or interfere with, disrupt or negatively affect other users.

How Finaco Uses Your Data

Please review our End User Privacy Policy to learn how Finaco uses data related to your profile on the Finaco Platform. If you have questions, contact us at info@finacodata.com.

Finaco Platform Rights

Note that Finaco owns all right, title and interest (including intellectual property rights) in and to the Finaco Platform (including my.finacodata.com and Finaco Profile features) and our related websites and technology. If you choose to give us feedback, suggestions or other inputs about the Finaco Platform, we may use them without restriction.

Warranties and Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE FINACO PLATFORM (INCLUDING MY.FINACODATA.COM AND FINACO PROFILES) IS PROVIDED "AS IS" AND "AS AVAILABLE," AND ANY USE IS AT YOUR DISCRETION AND RISK. FINACO, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FINACO DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT FINACO WILL MAINTAIN ANY DATA WITHOUT LOSS.

Finaco Liabilities

TO THE EXTENT PERMITTED BY LAW, FINACO WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING THE SERVICE CHARGES YOU PAID US IN ANY SERVICE CYCLE.

Term of Agreement

This Agreement shall be in force for as long as you are using or have registered to use and access services on the Finaco Platform. Finaco may terminate or suspend this Agreement (or your use of the Finaco Platform) with or without notice if Finaco suspects that you have violated this Agreement or any other agreement that you may have entered into with Finaco in relation to your use of the Finaco Platform. Finaco will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies Finaco may have. This Agreement shall be in force for as long as you are using or have registered to use and access services on the Finaco Platform. Finaco may terminate or suspend this Agreement (or your use of the Finaco Platform) with or without notice if Finaco suspects that you have violated this Agreement or any other agreement that you may have entered into with Finaco in relation to your use of the Finaco Platform. Finaco will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies Finaco may have.

Assignment and Severability

This Agreement may not be transferred or assigned by you without the prior written consent of Finaco. Finaco may assign or transfer this Agreement to its affiliates or in connection with a merger, sale, reorganization or other change of control. In addition, Finaco’s affiliates, contractors and service providers may exercise Finaco’s rights or fulfill its obligations under this Agreement. Waivers must be in writing and no waivers will be implied. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect.

Amendments

Finaco may modify this Agreement from time to time. Unless we specify otherwise, modifications take effect (and govern future use of the Finaco Platform, including my.finacodata.com and your Finaco Profile) when we post the modified version. Finaco will use reasonable efforts to notify you of the modifications, and you may be required to agree to the modified version to continue using the Finaco Platform.

Governing Law and Language

This Agreement is governed by the laws of the Federal Republic of Nigeria and is subject to the jurisdiction of the Nigerian Courts. This Agreement is in the English Language and all communications with you will be in English Language.