TERMS AND CONDITIONS FOR THE OPENING AND USE OF AN ONLINE ACCOUNT WITH SUMMER GREEN MICROFINANCE.
Summer Green Microfinance (“Summer Green”) is committed to full transparency and we want to ensure that our customers have access to all the important information to make the most responsible borrowing and investment decisions to meet their needs.
This Agreement is a financial services and an end-user license agreement between you (“End-user” “Borrower/investor” or “you”) and the relevant Summer Green Microfinance entity duly incorporated and licensed under the laws of Nigeria, (“Summer Green Microfinance”,” Summer Green Global Resources Limited”, “Summer Green Finance”, “Summer Green”, “us” or “we”) for the mobile application software, the data supplied with the software (defined below) (“App”) and the physical branch offices associated Services.
These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
1. DEFINITIONS AND INTERPRETATION
For the purposes of this Agreement and the preamble above, unless the context requires otherwise:
Agreement means this Agreement;
Account means your loan account with Summer Green;
Business Day means a day other than a Saturday, Sunday or national or public holiday in Nigeria;
Credentials means your personal credentials used to access Summer Green’s services and operate your Account;
Credit Reference Bureau includes any financial institution or a credit reference bureau duly licensed under the laws and regulations of Nigeria at every given time, to collect and facilitate the sharing of customer credit information;
Electronic Money 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 Nigeria;
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;
Force Majeure means events, circumstances or causes beyond the reasonable control of Summer Green making Summer Green’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labor disputes, embargoes or government orders;
2. 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 Summer Green (the Terms and Conditions) before downloading the App or opening an account with Summer Green Microfinance though any of the office branches, which will govern the use, and operation of the App and the Accounts.
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 or investment application on Summer Green’s System or your signature on Summer Green Microfinance forms in any of the branch offices signifies your acceptance of these Terms and Conditions and an intention to use Summer Green’s services. If you do not agree to the Terms and Conditions, we will not give you access to Summer Green’s Services.
By opening an Account with Summer Green, 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 Summer Green may have with respect to the Account in law or otherwise.
These Terms and Conditions may be amended or varied by Summer Green 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. Summer Green will take all reasonable measures to notify you of any changes.
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 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.
3. GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license 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, forms or documents;
- 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:
- 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),
4. LICENCE RESTRICTIONS
- 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;
- Not 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);
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- Not 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
- Not 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.
5. ACCEPTABLE USE RESTRICTIONS
A. 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.
B. USE OF THE SERVICES
- The Services offered by Summer Green can only be utilized by persons over the age of 18. Summer Green reserves the right to verify the authenticity and status of your Bank Accounts and Bank Verification Numbers with the relevant Payment System Provider.
- Summer Green 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 or Cash Flow of each individual borrower or business from time to time.
C. PERSONAL INFORMATION
- You hereby agree and authorize Summer Green to verify information provided by you to Summer Green 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 Summer Green Microfinance in Nigeria.
- The information that Summer Green 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 Summer Green to identify you and comply with the regulatory “Know Your Customer” requirements.
- You hereby agree and authorize Summer Green 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 Summer Green shall require for purposes of providing you the Services.
- You hereby agree and authorize Summer Green 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 Summer Green 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 authorize Summer Green 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.
- Summer Green 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 Summer Green Microfinance may result in Summer Green declining to accept your application for an Account or a Loan.
- You acknowledge that information on non-compliance with the Terms and Conditions of this Agreement may be transferred to the Credit Reference Bureaus; and
- The Credit Reference Bureaus may provide Summer Green with a credit profile and possibly credit scores on your creditworthiness.
6. INTEREST AND FEES
6.1 The interest payable by you to Summer Green Microfinance in relation to any Loan shall be clearly communicated to you. Summer Green 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. Summer Green Microfinance will use reasonable endeavors 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 and all related investments and loan documents in all branches.
6.2 All payments to be made by you under this Agreement shall be made in full without any set off or counter claim 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 Summer Green, you shall immediately pay to Summer Green such additional amounts as will result in Summer Green receiving the full amount it would have received had no such deduction or withholding been required.
6.3 If you fail to make any payments due to Summer Green at the due date for payment, Summer Green will be authorized to apply late fees on such amount loaned to you at a rate to be communicated to you.
7. BORROWER’S RESPONSIBILITIES
7.1 You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Summer Green are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System and services will be detected. You shall immediately Summer Green Microfinance in the event that:
7.2 You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised; and/or You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently initiated or compromised.
7.3 You shall not at any time operate or use the Services in any manner that may be prejudicial to Summer Green.
8. DEFAULT ON LOAN
8.1 Summer Green 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, Summer Green shall have the right to share with such collection agencies, any information about the Borrower which it deems relevant.
8.2 Summer Green also reserves the right to institute legal proceedings for the recovery of the Loan against you without any prior notice.
8.3 The Borrower shall be responsible for all legal costs and expenses incurred by Summer Green in connection with any enforcement action taken by Summer Green for the collection and repayment of the Loan (together with any interest or fees due on the Loan).
8.4 In the event that an Event of Default occurs, the Borrower grants to Summer Green the right to notify the Borrower and any other person who, in Summer Green’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 Summer Green deems appropriate.
9. VARIATION AND TERMINATION
9.1 Summer Green 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, Summer Green may cancel credits which it has granted and require the repayment of outstanding debts resulting from such credits within such time as Summer Green may determine.
9.2 Without prejudice to Summer Green’s rights under clause 9.1, Summer Green may at its sole discretion suspend or close your Account:
9.2.1 If you use the Account for unauthorized purposes or where Summer Green detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
9.2.2 If Summer Green is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
9.2.3 If Summer Green 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;
9.2.4 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;
9.2.5 If Summer Green 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
9.2.6 If you breach any of the License Restrictions or the Acceptable Use Restrictions.
9.3.7 If your Account has a credit balance at any time as a result of overpayment of your Loan, you may issue a Request to Summer Green for payment of such credit balance and Summer Green 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.
9.3 Termination shall however not affect any accrued rights and liabilities of either party.
9.4 If Summer Green receives notice of your demise, Summer Green 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.
10.1 In consideration of Summer Green complying with your instructions or Requests in relation to your Account, you undertake to indemnify Summer Green and hold it harmless against any loss, charge, damage, expense, fee or claim which Summer Green suffers or incurs or sustains thereby and you absolve Summer Green from all liability for loss or damage which you may sustain from Summer Green acting on your instructions or Requests or in accordance with these Terms and Conditions.
11. GOVERNING LAW
11.1 This Agreement shall be governed by and construed in accordance with the laws of Nigeria.
12. ADDITIONAL DISPUTE RESOLUTION PROVISIONS
12.1 Notwithstanding any provision to the contrary in this Agreement, Summer Green 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.