Introductions
Definition and Interpretation
Acceptance of Terms
Grant and Scope of License
License restriction
Acceptable Use Restriction
Interest and Fees
Statements
Taxes
Default on Loans
This Agreement is a financial services and an end-user licence
agreement between you (“End-user” “Borrower” or “you”) and the
relevant Irorun entity duly incorporated and licensed under the
laws of your country (“Irorun”, “us” or “we”) for the mobile
application software, the data supplied with the software and the
associated Services (defined below) (“App”).
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 Irorun.
These Terms and Conditions and any amendments or variations
thereto take effect on their date of publication.
Definition & Interpretation
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 Irorun;
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 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;
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;
Acceptance of Terms
You must carefully read and understand the Terms and Conditions
set out in this Agreement and as amended from time to time by
Irorun (the Terms and Conditions) before downloading or streaming
the App or opening an account with Irorun 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 Irorun’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
Irorun’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 Irorun Services.
By downloading the App and opening an Account with Irorun, 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 Irorun may have with respect to the Account in law or
otherwise.
These Terms and Conditions may be amended or varied by Irorun 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. Irorun will take all reasonable measures to notify you
of any changes.
Grant & Scope of License
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;
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:
License restricition
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.
Acceptable Use Restriction
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.
Use of The Services
The Services
offered by Irorun can only be utilized by persons over the age of
18. Irorun reserves the right to verify the authenticity and
status of your Bank Accounts and Bank Verification Numbers with
the relevant Payment System Provider.
Irorun’s acceptance of your application for an
Account will be displayed on the App. You hereby acknowledge and
accept that the acceptance by Irorun of your application for an
Account does not create any contractual relationship between you
and the Payment System Provider.
Irorun reserves the right to decline your
application for a Loan or to revoke the same at any stage at
Irorun’s sole and absolute discretion and without assigning any
reason or giving any notice thereto.
Irorun 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.