Privacy Policy
- PebbleCred mobile application software (App) available on our site OR hosted on the Google Play Store (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
- Any of the services accessible through the App (Services) or those available on the App Site or other sites of ours or other third-party Sites (Service Sites).
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.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By downloading the App, you confirm that you have read, understood and accept the terms of this Policy set out hereunder. You also consent to the collection, use, storage, processing and disclosure of your personal information in the manner set out in this Policy.
A. Information we may collect from you
We may collect and process the following data about you.-
Information you give us about you (Submitted
information):
This may include information:
- provided by filling in forms when visiting our sites or on our App;
- provided by corresponding with us (for example, by e-mail or chat);
- provided by downloading or signing up on the App, subscribing to any of our Services (such as applying for a loan), searching for an app or Service, sharing data via the App's social media functions, entering a competition, promotion or survey, and reporting a problem with the App, our Services, our App Site or any of Our Service Sites.
This information may include your name, address, e-mail address and phone number, the Device's phone number, age, username, password and other registration information, financial and credit information (including your account details, bank account details, and bank verification number, where applicable), personal description and photograph. -
Information we collect about you and your device.
Each time you visit one of our Sites or use one of our Apps we may automatically collect the following information:
- technical information, including the type of mobile device you use, unique device identifiers (for example, your Device's IMEI or serial number), information about the SIM card used by the Device, mobile network information, your Device’s operating system, the type of browser you use, or your Device’s location and time zone setting (Device Information);
- information stored on your Device, including contact lists, call logs, SMS logs, social media accounts, other financial applications, photos, videos or other digital content (Content Information);
- data from your use of any other third-party application on the Device or the Service Sites; and
- details of your use of any of our Apps or your visits to any of Our Service Sites; including, but not limited to, traffic data, location data, weblogs and other communication data (Log Information).
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Location information.
We also use GPS technology OR other location services to determine your current location. You can withdraw your consent to our collection, processing or use of this information at any time by logging out and uninstalling the App from your Device. -
Information we receive from other sources (Third Party
Information).
Due to the nature of the Services which we provide, we are required to work with a number of third parties (including credit reference agencies and mobile network providers) and we may receive information about you from them. -
Unique application numbers.
When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
B. Tracking and cookies
We may use mobile tracking technologies and/or website cookies to distinguish you from other users of the App, App Site, or Service Sites. This helps us to provide you with a good experience when you use the App or browse any of the Service Sites and also allows us to improve the App and Our Service Sites.
C. Uses made of the information
We may associate any category of information with any other
category of information and will treat the combined
information as personal data in accordance with this Policy
for as long as it is combined.
Information collected by us shall be used for the purpose of
determining whether or not to provide a loan to the customer,
the amount of such loan and the terms and conditions
applicable to such loan.
Save in compliance with an order of the Court, Arbitral Panel,
Tribunal, Regulatory Directive or Order 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 aggregate information about our users (for
example, we may inform them that 500 men aged under 30 have
applied for a loan on any given day).
D. Disclosure of your information
We may disclose some or all of the data we collect from you when you download or use the App to credit reference bureaus.We may disclose your personal information to any member of our group, which means our subsidiaries, affiliates, our holding company and its subsidiaries.
We may 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;
- if PebbleCred or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- 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; and/or
- in order to: enforce our Terms and Conditions and other agreements or to investigate potential breaches; report defaulters to any credit bureau; 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.
E. Where We store your personal data
The data that we collect from you may be transferred to, and
stored at, a destination outside your country of origin or
residence (as applicable). It may also be processed by staff
operating outside your country of origin or residence (as
applicable), who work for us or for one of our suppliers.
These staff members may be engaged in the fulfillment of your
requests on the Service Sites. By submitting your personal
data, you agree to the collection, transfer, storing 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 privacy Policy.
Where we have given you (or where you have chosen) a password
that enables you to access certain parts of Our Service Sites,
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 Our Service Sites; 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.
F. Your Rights
The data that we collect from you may be transferred to, and
We will use your data for the purposes of compiling statistics
relating to our user base or loan portfolio and may disclose
such information to any third party for such purposes,
provided that such information will always be anonymous.
Should we wish to use your information for marketing purposes,
we will inform you prior to such use. You shall be entitled to
prevent such usage by informing us, within 10 days of being
informed of the proposed use, that you do not wish to disclose
such information. You can also exercise the right at any time
by contacting us at
pebblecred@gmail.com .
G. Changes to privacy policy
Any changes we may make to this Policy in the future will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Service Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services. In any event, by continuing to use the App or any Services after the posting of any changes, you confirm your continuing acceptance of this Policy together with such changes, and your consent to the terms set out therein.
Use of Data
The Digital Banking Application uses the collected data for various purposes:- To comply with applicable laws, regulations, legal processes or government request including but not limited to Know Your Customer Principles, Customer Due Diligence, Anti-Monie Laundering and Anti-Terrorism Financing
- To provide and maintain the Service
- To notify you about changes to the Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To use your Personal Data for operational, marketing and other promotional purposes.
- To detect, prevent and address technical issues
Transfer of Data
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your town, city, local government area, state, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. If you are located outside Nigeria and choose to provide information to us, please note that we transfer the data, including Personal Data, to Nigeria and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer in your Personal Data will take place in an organization or a country unless there are adequate controls in place including the security of your data and other personal information.Disclosure of Data Legal Requirements
We may disclose your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend our rights or property
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
Security of Data
The security of your data is important to us but remember that
no method of transmission over the Internet, or method of
electronic storage is 100% secure. While we strive to use
Global best practice commercially acceptable means to protect
your Personal Data, we cannot guarantee its absolute security.
However, it is important to note that your password is the key
to your account. Please use unique numbers, letters and
special characters, and do not share your password with
anyone. If you do share your password with others, you will be
responsible for all actions taken in the name of your account
and the consequences. If you lose control of your password,
you may lose substantial control over your personal
information and other information submitted to us. You could
also be subject to legally binding actions taken on your
behalf. Therefore, if your password has been compromised for
any reason or if you have grounds to believe that your
password has been compromised, you should immediately contact
us and change your password. You are reminded to log off from
your account and close the browser when finished while using a
shared computer.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links to Other Sites
Our Service does not address anyone under the age of 18
("Children").
We do not knowingly collect personally identifiable
information from anyone under the age of 18. If you are a
parent or guardian and you are aware that your child or
children have provided us with personal data, please contact
us at
pebblecred@gmail.com. If we become aware that we have
collected personal data from children without verification of
parental consent, we shall take steps to remove that
information from our servers.
Your Data Privacy Rights
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Right to Rectification:
Users can modify or change their name, email, password, and mobile login PIN via their profile. -
Right of Access, Erasure, and Restrict Processing:
Users can request access or erasure of their personal information, as well as request restriction on further processing of their personal information by contacting us at pebblecred@gmail.com. Please allow up to 30 days for requests to be processed. We reserve the right to charge a reasonable fee to process excessive or repeated requests. -
Right to Withdraw Consent:
Users can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send, or by adjusting your Marketing Preferences in your profile. Users also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Service may not work properly in your case. -
Right to lodge a complaint with a data protection officer of
PebbleCred:
Should you feel your data privacy rights are not being adequately protected by us, you have the right to lodge a formal complaint with the appropriate data protection officer of PebbleCred.
Changes to this Privacy
Policy We may update our Privacy Policy from time to time. We
will notify you of any changes by posting the new Privacy
Policy on this page. We will let you know via email and/or a
prominent notice on our Service, prior to the change becoming
effective and update the "effective date" at the top of this
Privacy Policy. You are advised to review this Privacy Policy
periodically for any changes. Changes to this Privacy Policy
are effective when they are posted on this page.
Contact us if you have questions regarding your data privacy
rights or would like to submit a related data privacy right
request, please email us at
pebblecred@gmail.com
Please allow up to 30 days for requests to be processed.
Contact us by sending an e-mail to
pebblecred@gmail.com
if you have any questions about this Privacy Policy.
Terms of Use
This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter defined) opened by you with PebbleCred.
These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
IT IS AGREED AS FOLLOWS:
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DEFINITIONS AND INTERPRETATION
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Definitions
For the purposes of this Agreement and the preamble above, unless the context requires otherwise:
Acceptable Use Restrictions has the meaning given to it in clause 5;
Agreement means this Agreement;
Account means your loan and savings account with PebbleCred;
Business Day means a day other than a Saturday, Sunday or national or public holiday in your country;
Credentials means your personal credentials used to access the App and operate your Account;
Credit Reference Bureau includes any financial institution or a credit reference bureau duly licensed under the laws and regulations of your country at every given time, to inter alia, collect and facilitate the sharing of customer credit information;
Electronic Monie means a monetary value that is electronically stored in an instrument or device representing an equal amount of cash;
Electronic Payment Service means the payment service delivered in electronic form by a licensed payment service provider in accordance with the laws and regulations of your Nigeria;
Electronic Payment System means the facility operated by the Payment System Provider for the provision of the Electronic Payment Service;
Encumbrance includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;
Equipment includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;
Event of Default has the meaning given to it in clause 11.1;
Force Majeure means events, circumstances or causes beyond the reasonable control of PebbleCred making PebbleCred’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labour disputes, embargoes or government orders, pandemics, epidemics;
Licence Restrictions has the meaning given to it in clause 4;
Loan means the principal amount of the loan made or to be made by PebbleCred to you under this Agreement from time to time through the App or (as the context requires) the principal amount outstanding for the time being of that loan;
Mobile Network Operator means a mobile network operator in your country licensed in accordance with the relevant laws and regulations;
Network means a mobile cellular network operated by a Mobile Network Operator;
Payment System Provider means a Mobile Network Operator, Deposit Banks, and other financial institutions that has been duly licensed by the laws and regulations of Nigeria to provide electronic payment services in Nigeria;
Privacy Policy means the Nigerian Privacy Policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;
Request means a request or instruction received by PebbleCred from you or purportedly from you through the Network and the Electronic Payment System and upon which PebbleCred is authorised to act;
Services shall include any form of financial services or products that PebbleCred may offer you pursuant to this Agreement and which you may from time to time subscribe to; and “Service” shall be construed accordingly;
SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and, in some cases, to use the Value Storage Account (as defined below);
SMS means a short message service consisting of a text message transmitted from your mobile phone to another;
System means PebbleCred’s electronic communications software enabling you to communicate with PebbleCred for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Electronic Payment System;
Technology has the meaning given to it in clause 3.1.4;
Transaction Fees includes any fees and charges payable for the use of the Services as published by PebbleCred on PebbleCred’s website or by such other means as PebbleCred shall in its sole discretion determine. Transaction Fees are subject to change at any time at PebbleCred’s sole discretion; and
Value Storage Account means your electronic Monie store of value, being the record maintained by a Payment System Provider from time to time held by you in the Electronic Payment System. -
Interpretation
In addition to the definitions in clause 1.1, unless the context requires otherwise:
- the singular shall include the plural and vice versa;
- a reference to any one gender, whether masculine, feminine or neuter, includes the other two.
- all the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement.
- the recitals and schedules shall be deemed to form part of this Agreement.
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Definitions
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ACCEPTANCE OF TERMS AND CONDITIONS
- You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by PebbleCred (the Terms and Conditions) before downloading or streaming the App or opening an account with PebbleCred which will govern the use and operation of the App and the Account.
- After downloading the App, you will be deemed to have accepted the Terms and Conditions immediately upon your clicking the “Continue” button during your Loan application on PebbleCred’s System or any other button which signifies your acceptance of these Terms and Conditions and an intention to use the App. If you do not agree with the Terms and Conditions please do not click “Continue” in PebbleCred’s System. Please note that you will not be able to access the Services if you decline the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not give you access to PebbleCred Services.
- By downloading the App and opening an Account with PebbleCred, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein are without prejudice to any other right that PebbleCred may have with respect to the Account in law or otherwise.
- These Terms and Conditions may be amended or varied by PebbleCred from time to time and your continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. PebbleCred will take all reasonable measures to notify you of any changes.
- From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.
- By using the App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the App.
These terms and conditions ("Terms", "Agreement") is an agreement between PebbleCred, that is operated by PebbleCred Financial Technologies Limited and you (the user). This Agreement sets forth the general terms and conditions of your use of any of its products or services (collectively, "Mobile Application" or "Services").
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GRANT AND SCOPE OF LICENCE
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In consideration of you agreeing to abide by the terms of
this Agreement, we grant you a non-transferable,
non-exclusive licence to use the App on your Equipment,
subject to these Terms and Conditions. We reserve all other
rights. Except as expressly set out in this Agreement or as
permitted by any local law, you agree:
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
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not to disassemble, decompile, reverse-engineer or create
derivative works based on the whole or any part of the App
or attempt to do any such thing except to the extent that
such actions cannot be prohibited because they are
essential for the purpose of achieving inter-operability
of the App with another software program, and provided
that:
- the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party, and is not used to create any software that is substantially similar to the App,
- you include our copyright notice on all entire and partial copies you make of the App on any medium and you undertake not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations in your country that apply to the technology used or supported by the App or any Service (the Technology).
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LICENCE RESTRICTIONS
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You must not:
- use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, 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 operating system;
- infringe our 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 this Agreement);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
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You must not:
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ACCEPTABLE USE RESTRICTIONS
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Intellectual Property Rights
- You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold or assigned) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the App in source-code form.
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Use of The Services
- The Services offered by PebbleCred can only be utilized by persons over the age of 18. PebbleCred reserves the right to verify the authenticity and status of your Bank Accounts and Bank Verification Numbers with the relevant Payment System Provider.
- PebbleCred’s acceptance of your application for an Account will be displayed on the App. You hereby acknowledge and accept that the acceptance by PebbleCred of your application for an Account does not create any contractual relationship between you and the Payment System Provider.
- PebbleCred reserves the right to decline your application for a Loan or to revoke the same at any stage at PebbleCred’s sole and absolute discretion and without assigning any reason or giving any notice thereto.
- PebbleCred reserves the right (in its sole and absolute discretion) to issue, decline to issue a Loan and/or vary the terms of any Loan depending on its assessment of the credit profile of each individual borrower from time to time. The terms of the Loan and the interest rate payable in relation to each loan application will be displayed on the App.
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Personal Information
- You hereby agree and authorise PebbleCred to verify information provided by you to PebbleCred against the information held by the Payment System Providers pursuant to the agreement between you and the relevant Payment System Provider for the provision of its products and services and the Electronic Payment Service and any other information bank available to PebbleCred in Nigeria.
- The information that PebbleCred may verify against the information held by the Payment System Providers includes (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and such other information that will enable PebbleCred to identify you and comply with the regulatory “Know Your Customer” requirements in your country (together the “Personal Information”).
- You hereby agree and authorise PebbleCred to verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you or by you, from any 3rd party applications, and such other information as PebbleCred shall require for purposes of providing you the Services (the “Relevant Information”).
- You hereby consent to PebbleCred verifying the Personal Information and the Relevant Information with the Payment System Providers and using the Personal Information and the Relevant Information to the extent necessary in PebbleCred’s opinion.
- You hereby agree and authorise PebbleCred to obtain and procure your Personal Information and Relevant Information from your respective Payment System Provider and you further agree and consent to the disclosure and provision of such Personal Information by the Payment System Provider and further to indemnify and hold PebbleCred and the Payment System 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.
- You hereby agree and authorise PebbleCred to obtain and procure your Personal Information from the Credit Reference Bureaus and you further agree and consent to the disclosure and provision of such Personal Information by the Credit Reference Bureaus.
- PebbleCred reserves the right to request for further information from you pertaining to your application for an Account at any time. Failure to provide such information within the time required by PebbleCred may result in PebbleCred declining to accept your application for an Account or a Loan.
- PebbleCred reserves the right to supply consumer credit information and information about the Borrower to the Credit Reference Bureaus, and in this regard: you confirm that PebbleCred may transmit to the Credit Reference Bureaus data about the App, opening and termination of an Account by you.
- You acknowledge that information on non-compliance with the Terms and Conditions of this Agreement may be transferred to the Credit Reference Bureaus; and
- TThe Credit Reference Bureaus may provide PebbleCred with a credit profile and possibly credit scores on your creditworthiness.
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Intellectual Property Rights
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REQUESTS MADE BY THE BORROWER
- You hereby irrevocably authorise PebbleCred to act on all Requests received by PebbleCred from you (or purportedly from you) through the System or your Equipment and to hold you liable in respect thereof. PebbleCred may nevertheless refuse to carry out any Requests in its sole and absolute discretion.
- Subject to its discretion, PebbleCred reserves the right to reject any Request in relation to a Loan application from you even if you have previously been issued with a Loan by PebbleCred.
- PebbleCred shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, PebbleCred believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
- PebbleCred shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which PebbleCred may act if PebbleCred has in good faith acted in the belief that such instructions have been sent by you.
- PebbleCred may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you.
- You agree to and shall release from and indemnify PebbleCred against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to PebbleCred having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
- You acknowledge that to the full extent permitted by law, PebbleCred shall not be liable for any unauthorised drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account Personal Identification Number, password, ID or any means whether or not occasioned by your negligence.
- PebbleCred is authorised to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws in your country.
- In the event of any conflict between any terms of any Request received by PebbleCred from you and this Agreement, this Agreement shall prevail.
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INTEREST AND FEES
- The interest payable by you to PebbleCred in relation to any Loan shall be displayed by PebbleCred on the App. PebbleCred shall be entitled to set and charge Transaction Fees, in connection with your use of the Services and from time to time amend or vary its Transaction Fees for the Services. If PebbleCred decides to charge Transaction Fees or where already applicable, vary or amend its Transaction Fees, the Transaction Fees payable on any new application for Services will be displayed on the App. PebbleCred will use reasonable endeavours to notify you of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App or PebbleCred’s website.
- All payments to be made by you under this Agreement shall be made in full without any set off or counterclaim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to PebbleCred, you shall immediately pay to PebbleCred such additional amounts as will result in PebbleCred receiving the full amount it would have received had no such deduction or withholding been required.
- If you fail to make any payments due to PebbleCred at the due date for payment, PebbleCred will be authorised to apply late fees on such amount loaned to you at a rate to be communicated to you.
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STATEMENTS
- A statement and activity report in respect of your account will be made available on request. Requests shall be made via our e-mail address: pebblecred@gmail.com or via a contact link on the App.
- The statement on the App shall provide details of the last 4 (four) transactions (or such other number of transactions as determined by PebbleCred) in your Account initiated from your Equipment.
- Your statement will show all amounts added or taken from your Account. You must check your statement carefully and notify PebbleCred as soon as possible, and no later than 48 hours after receipt of your statement, if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
- PebbleCred reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you.
- Save for a manifest error, a statement issued to you in respect of your Account shall be conclusive evidence of the transactions carried out on your PebbleCred for the period covered in the statement.
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TAXES
- All payments to be made by you in connection with these Terms and Conditions or any Loan provided to you by PebbleCred are calculated without regard to any taxes payable by you in your country. If any taxes are payable in connection with the payments, you must ensure that you pay such taxes and that you pay to PebbleCred such additional amounts as will result in PebbleCred receiving the full amount it would have received had no such taxes been applicable to the payments.
- You hereby consent and agree that PebbleCred may withhold amounts in your Account if any tax authority in your country requires PebbleCred to do so, or PebbleCred is otherwise required by law or pursuant to agreements with any tax authority to do so, or if PebbleCred needs to comply with internal policies or with any applicable order or sanction of a tax authority in your country. You will, however, be notified if such deductions are made.
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BORROWER’S RESPONSIBILITIES
- You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
- You shall be responsible for ensuring the proper performance of your Equipment. PebbleCred shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall PebbleCred be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and PebbleCred shall not be responsible for losses or delays caused by any such service provider.
- You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by PebbleCred concerning the use of the System and the Services.
- You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment 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. PebbleCred shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold PebbleCred harmless from any losses resulting from any disclosure of your Credentials.
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You shall take all reasonable precautions to detect any
unauthorised use of the System and the Services. To that
end, you shall ensure that all communications from
PebbleCred 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
System will be detected. You shall immediately inform
PebbleCred in the event that:
- 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; and/or
- 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.
- You shall at all times follow the security procedures notified to you by PebbleCred from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorised to do so.
- You shall not at any time operate or use the Services in any manner that may be prejudicial to PebbleCred.
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DEFAULT ON LOAN
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An event of default (Event of Default) occurs when:
- you fail to pay any sum payable under a Loan in accordance with a scheduled repayment.
- any representation/information, warranty or assurance made or given by the Borrower in connection with the application for a Loan or any information or documentation supplied by the Borrower is incorrect, inaccurate or misleading;
- the Borrower does anything which may prejudice PebbleCred’s rights under this Agreement;
- you use or attempt to use the App or the Services for an unauthorised purpose; or
- the Borrower is declared bankrupt, insolvent or unable to pay his debts as they fall due under the laws of his country.
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At any time after an Event of Default has occurred which
is continuing, PebbleCred may, without prejudice to any
other right or remedy granted to it under any law:
- terminate this Agreement in accordance with clause 12 below;
- declare that the Loan (and all accrued interest and all other amounts outstanding under this Agreement is immediately due and payable, whereupon they shall become immediately due and payable; and
- supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.
- PebbleCred 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 (together with any interest and fees accrued), and in this regard, PebbleCred shall have the right to share with such collection agencies, any information about the Borrower which it deems relevant.
- PebbleCred also reserves the right to institute legal proceedings for the recovery of the Loan against you without any prior notice.
- The Borrower shall be responsible for all legal costs and expenses incurred by PebbleCred in connection with any enforcement action taken by PebbleCred for the collection and repayment of the Loan (together with any interest or fees due on the Loan).
- In the event that an Event of Default occurs, the Borrower grants to PebbleCred the right to notify the Borrower and any other person who, in PebbleCred’s opinion, may assist with the recovery of the outstanding loan amount. You agree that this notification may be done by any means of communication which PebbleCred deems appropriate.
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An event of default (Event of Default) occurs when:
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VARIATION AND TERMINATION
- PebbleCred may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account and in particular but without prejudice to the generality of the foregoing, PebbleCred may cancel credits which it has granted and require the repayment of outstanding debts resulting from such credits within such time as PebbleCred may determine.
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Without prejudice to PebbleCred’s rights under clause
12.1, PebbleCred may at its sole discretion suspend or
close your Account:
- you use the Account for unauthorised purposes or where PebbleCred detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
- if your Account or agreement with a Mobile Network Operator is terminated for whatever reason;
- if PebbleCred is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
- if PebbleCred reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable) which you fail to remedy (if remediable) within 14 days after the service of notice by email, SMS or other electronic means requiring you to do so;
- where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; or where your Account becomes inactive or dormant;
- if PebbleCred 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; or
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
- If your Account has a credit balance at any time as a result of overpayment of your Loan, you may issue a Request to PebbleCred for payment of such credit balance and PebbleCred will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts specified by the relevant Payment System Provider.
- Termination shall however not affect any accrued rights and liabilities of either party.
- If PebbleCred receives notice of your demise, PebbleCred will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by a court of competent jurisdiction.
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EXCLUSION OF LIABILITY
- PebbleCred shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within PebbleCred’s control including , without limitation, Force Majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
- You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.
- We only provide the Services on the App for domestic, private use, and small and medium business financing needs, and we have no liability 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 App.
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PebbleCred will not be liable for any losses or damage
suffered by you as a result of or in connection with:
- any defect or fault in the App or any Service resulting from you having altered or modified the App;
- any defect or fault in the App resulting from you having used the App in breach of the terms of this Agreement;
- your breach of any of the Licence Restrictions or the Acceptable Use Restrictions;
- unavailability of sufficient funds in your Value Storage Account;
- failure, malfunction, interruption or unavailability of the System, your Equipment, the Network or the Electronic Payment System; the Monie in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof; your failure to give proper or complete instructions for payments or transfers relating to your Account;
- any fraudulent or illegal use of the Services, the System and/or your Equipment; or
- your failure to comply with the Terms and Conditions and any document or information provided by PebbleCred concerning the use of the System and the Services.
- If for any reason other than a reason mentioned in clauses 13.1 to 13.4, the Services are interfered with or unavailable, PebbleCred’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
- Save as provided in clause 13.5, PebbleCred shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
- Under no circumstances shall PebbleCred be liable to you for any loss of profit 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 Services even where the possibility of such loss or damage is notified to PebbleCred.
- All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
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INDEMNITY
- In consideration of PebbleCred complying with your instructions or requests in relation to your Account, you undertake to indemnify PebbleCred and hold it harmless against any loss, charge, damage, expense, fee or claim which PebbleCred suffers or incurs or sustains thereby and you absolve PebbleCred from all liability for loss or damage which you may sustain from PebbleCred acting on your instructions or Requests or in accordance with these Terms and Conditions.
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The indemnity in clause 14.1 shall also cover the
following:
- All demands, claims, actions, losses and damages of whatever nature which may be brought against PebbleCred or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond PebbleCred’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by PebbleCred.
- Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
- Any unauthorised access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
- Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by PebbleCred as a consequence of any breach of these Terms and Conditions.
- Any damages and costs payable to PebbleCred in respect of any claims against PebbleCred for recompense for loss where the particular circumstance is within your control.
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COMMUNICATION BETWEEN US
- If the Borrower wishes to contact PebbleCred in writing, or if any condition in these Terms and Conditions requires the Borrower to give notice to PebbleCred, you can send this to us by e-mail to pebblecred@gmail.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 email.
- If we have to contact you or give you notice in writing, we will do so by posting such notice on our website; or by e-mail or sms to the mobile phone number or e-mail address you provide to us in your request for the App.
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GENERAL
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Remedies Cumulative
No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by this Agreement 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. -
No waiver
No failure by PebbleCred to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy. -
Effect of invalidity
If any provision or part of a provision of this Agreement 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 this Agreement, all of which shall remain in full force and effect.
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Remedies Cumulative
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ENTIRE AGREEMENT
- These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or our Privacy Policy.
- You agree with us that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
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DISPUTE RESOLUTION
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Disputes
The Parties 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 this Agreement. To this end, the Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties’ representatives meeting as aforesaid, the following provisions of this clause 18 shall apply. -
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Arbitration
18.2.1 Any dispute, difference or question whatsoever and howsoever arising out of or in connection with this Agreement, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the Chairman for the time being of the Institute of Arbitrators in your country (the Institute). - Such arbitration shall take place in your country and shall be conducted in accordance with the applicable rules of arbitration of the Institute.
- 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.
- Nothing in this clause 18.2 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.
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Arbitration
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Disputes
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GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of your country. -
PEBBLECRED’S PRIVACY POLICY
- We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
- Upon downloading the App and clicking the “Accept” or “Continue” or any other button which signifies your acceptance of these Terms and Conditions and an intention to use the App, you will be deemed to have accepted PebbleCred’s Privacy Policy, a copy of which is available on the App.
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NIGERIA SPECIFIC PROVISIONS
These additional terms and conditions shall apply to borrowers or users of the App and Services who are resident in Nigeria (“Nigerian Borrower”).-
PebbleCred Limited Nigeria Entity
The relevant associated PebbleCred entity in Nigeria is PebbleCred Limited, an entity duly incorporated as a private limited liability company under the Companies and Allied Matters Act Cap C20, LFN 2004. PebbleCred is duly authorised to provide short term unsecured loans to individuals via a mobile lending application. -
Governing Law
The Terms and Conditions between PebbleCred Limited and a Nigerian Borrower shall be governed by and construed in accordance with Nigerian Law. -
Additional Dispute Resolution Provisions
Notwithstanding any provision to the contrary in this Agreement, PebbleCred Limited Nigeria shall have the right to institute proceedings for recovery of any outstanding amounts against a defaulting Nigerian Borrower in the High Court of Lagos State.
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PebbleCred Limited Nigeria Entity
Offer Letter
Advance and Repayment
- Page agrees to advance the Loan and the Obligor agrees to take the loan subject to the terms and conditions as set out in the loan application flow and also herein in this offer letter terms and conditions.
- The Obligor agrees to repay the Loan (principal plus accrued interest) in accordance with the terms and conditions document.
Interest
- The repayment instalments as calculated in the dedicated repayment schedule are done on the basis of payment at regular agreed intervals. If the due date for a repayment instalment falls on a non-business day, then the repayment instalment may be paid on the next succeeding business day. Additional interest may accrue in such cases.
- PebbleCred will calculate interest on the daily balance outstanding.
- Where the Obligor fails to pay PebbleCred a repayment instalment by the due date, PebbleCred will charge default interest rate at 0.5% per month on the unpaid sum.
- PebbleCred will apply default interest rate from the date on which the Obligor was due to pay the sum.
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The default interest rate
- is charged by PebbleCred in addition to the normal interest rate which it charges the Obligor at the same time and in the same manner as that normal interest.
- accrues before and after any court judgement, PebbleCred obtains against the Obligor.
- is liquidated damages to compensate PebbleCred for the additional risk and other administrative costs and expenses associated with the Obligor’s failure to pay the outstanding sum.
Representations and Warranties
- He/She has the right to accept this facility and has taken all necessary actions to authorise the same upon the terms and conditions herein.
- He/She is not in default under any obligation in respect of any borrowed Monie that the acceptance of this facility will be or result in breach of or default under any provision of any other agreement to which the Obligor is a party.
- The information given to PebbleCred electronically via the PebbleCred app or email correspondence in the formal loan application process is true and accurate.
- He/She will use the loan for the purpose(s) they told PebbleCred of in their application for the loan.
Events of Default
The occurrence of any of the following events shall cause all outstanding amounts under this facility to become immediately due and payable:- The Obligor fails to make a repayment or payment of principal, interest or other amount in respect of the loan on the date it was due to be paid; or
- The Obligor breaches any of the terms and conditions of the Loan including any representation or confirmation given by the Obligor in this loan agreement
- Where a bankruptcy petition is filed against the Obligor.
- Where the Obligor is unable to pay any other party within the meaning of Section 1 of the Bankruptcy Act (Cap 30) Laws of the Federation of Nigeria.
- Where a situation arises which in the opinion of PebbleCred makes it inappropriate for PebbleCred to continue to extend the facility to the Obligor.
- Where the Obligor defaults in the performance or observance of any other term, condition or covenant herein and such breach or default shall continue unremedied after seven days’ notice shall have been given to the Obligor.
Costs and Expenses
- The Obligor hereby agrees to pay all administrative costs, charges and expenses (including legal fees) reasonably incurred by PebbleCred in connection with the processing of this loan request.
- The Obligor hereby agrees to pay all costs and expenses (including legal fees) incurred by PebbleCred in connection with any proceedings instituted by or against PebbleCred as a consequence of entering into this loan agreement.
Assignment and Disclosure of Information
- The Obligor consents irrevocably to any future transfer and assignment, however arising of the loan, whether as part of a loan transfer scheme or otherwise.
- The Obligor authorises PebbleCred to disclose any information or documentation relating to the loan to third parties including credit reference agencies, collection agencies, as well as the Obligor’s employers (where the Obligor is in salaried employment) in the event that the loan has ceased to be serviced by the Obligor.
Variation of Conditions
- PebbleCred reserves the right at all times to vary the terms and conditions of the loan agreement. Any such variation will become effective upon notice to the Obligor by any means PebbleCred considers reasonable in the circumstance.
Set-Off
- PebbleCred may at any time with or without notice (a) combine or consolidate some or all of the Obligor’s accounts with it without any liability to PebbleCred and (b) set off and transfer any sum standing to the credit of any such account in full or partial payment of any amount the Obligor owes to the Company.
- This clause is in addition to and does not amend or qualify any other present or future right of PebbleCred to combine or set off any of the Obligor’s accounts with it.
Governing Law
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This loan agreement is governed by Nigerian law and the
courts of the Federal Republic of Nigeria have jurisdiction
in any matter arising from it.
- **This offer is subject to a satisfactory credit report and further verification checks.**
DISCLAIMER:
As required by law, PebbleCred is mandated to disclose the status of defaulting loans to relevant local or international Credit Bureaus, Credit Monitoring Agencies and Regulatory Bodies.End User License Agreement
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Software License
In this Agreement, "Software" means the PebbleCred Mobile Application which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers. It could also include any necessary updates and upgrades. -
Grant of License.
By downloading via Google Play Store or Apple Store, installing, copying or using the Software, we grant you a limited, non-transferable, non-exclusive, royalty-free license to install and use the Software in accordance with the terms of this Agreement. This Agreement shall also govern any and all updates and upgrades that would replace, overwrite and/or supplement the original installed version of the Software unless those other upgrades are covered under a separate license, at which those terms of that license will govern. -
Terms of License
-
Permitted Uses:
- You may install and use the Software solely for your personal and non- commercial use. A commercial profit-oriented business is strictly prohibited.
- No Modification: You may not modify, alter, or create any derivative works of the Software, without the prior written consent of the company.
- No Reverse Engineering: You may not reverse, engineer, decompile, decode, decrypt, disassemble, or derive any source code from or about the Software.
- Proprietary Notices: You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
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Support and Maintenance
We will provide you with the necessary support and maintenance services as follows:- Email Support: During our normal business hours, we will attempt to respond to technical questions that you email to us within 24hours under the conducive atmosphere of operation.
- Patches and Fixes: We will attempt to correct issues identified in the Software by providing patches and fixes.
- Upgrade: Where applicable, we will attempt to distribute Software upgrades on a regular basis.
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Updates
We may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this Agreement. It shall be at our sole discretion to make conditional releases of said upgrade to you upon your acceptance of another end user license agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this Agreement and/or any other agreement. -
Information
You hereby authorize us to lawfully access, use or disclose your details processed on the Software for our use. This use may include but shall not be limited to such purposes as are necessary to promote or sustain the Software or its promotion. You hereby unequivocally waive any claim you may have against the company arising from any such access, use or disclosure. -
Term
This Agreement is effective upon acceptance and installation of the Software (the "Effective Date") and will continue until terminated in accordance with the terms of this agreement. -
Personal Data
- Personal data is all information that directly or indirectly may refer to the Software User which he/she has provided in the course of this Agreement or use of the Software. Such includes Contact information [name, title, address, email address, mobile phone number etc., date of birth, employment information [name, address, phone number and email address of employee], financial information [information about the User’s income and any charges, where available.
- We, where necessary, will process the personal data in order to provide a simplified service and in order to simplify the process. We will process the personal data for confirming your identity, administering the customer relationship, preventing misuse or improper use of our Software, for the prevention of Money laundering, customer analysis, assessment, risk analysis and management, business development, for commercial and marketing purposes and for complying with applicable laws.
- By accepting the Terms of this Software, you agree that we may use and/or reuse data provided or previously provided and we may carry out enquiries to help on your use of the Software. Where available, we will use such information to confirm your identity and simplify the use of our service.
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Information Sharing and Disclosure
We will not share your Personal Data with anyone. However, we may share such information to third parties only on "Need basis" such as when: a. We have your consent to share the information b. The law requires it of us c. We respond to court orders or legal processes; or d. We find that your actions violate any part of the terms of the use of the Software. -
Warranties
- This Software and its content, with all its faults, defects, and errors, are provided "As Is" and without any warranty.
- We do not promise that the Software will be free of bugs, errors, viruses, or other defects. We will not be liable for your use of or inability to use the Software, its content, or any associated service. Disclaimer of All Other Warranties: We are not making any other express or implied warranties, including any implied warranties of title, quiet enjoyment, quiet possession, merchantability or fitness for a particular purpose, except as stated. The entire risk as to the quality of or performance of the Software, if any, rests with you.
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Acknowledgements
- Ownership of Software: We own the Software and all intellectual property rights in and to it
- Third-Party Software: The Software may now or later contain third party software that requires notices or additional terms. If so, those notices and additional terms are and will be located on our website and are incorporated by reference into this Agreement.
- Consent to Use of Data: You agree that we and our affiliates may collect and use technical information gathered as part of our support services. We may use this information, but only to improve our products and services. We will not disclose this information in a form that personally identifies you.
- Compliance with Laws: In the use of the Software, you must comply with all applicable laws and regulations (including those relating to the import and export of software).
- Limitation of Liability: We will not be liable for breach-of-contract or damages that could not reasonably have been foreseen on entering into this Agreement.
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Termination
- Termination by Us: We may terminate this Agreement upon five (5) days' prior written notice to you. Upon notice of such termination, the installation shall be disconnected or disabled. We shall also have the power to summarily terminate this Agreement devoid of any notice.
-
Termination by You: You may terminate this Agreement by:
- permanently destroying all copies of the Software in your possession or control,
- removing the Software from any hard drive on which it is installed, and
- giving us Notice certifying that you have taken these steps.
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General
- Entire Agreement: This Agreement contains all the terms between the Parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.
- Amendment: We may amend this Agreement on one or more occasions by posting amendments to our website. If you do not accept amendments to this agreement, then this license will immediately terminate.
- Assignment: You may not assign this Agreement or any of your rights under it. We may assign this Agreement or any of our rights at any time without notice or the need for your consent.
- Severability: If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- Waiver: A party's failure or neglect to enforce any rights under this Agreement will not be deemed to be a waiver of that party's rights.
- Notices: We may deliver any notice required by this Agreement via pop-up window, dialog box, or other on-screen device, even though you may not receive the notice until you next launch the Software. Any such notice will be deemed delivered on the date we first make it available through the Software.
- Governing Law: This Agreement will be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws rules.
- Headings: The headings used in this Agreement and its division into sections, schedules, and other subdivisions do not affect its interpretation.
Contact Us
If you have any questions about this Agreement, please contact us by sending an email to pebblecred@gmail.com